Till Death Do Us Part
Once upon a time, and maybe even today, most wedding vows concluded with the words above. While death does in fact part the majority of married couples, a significantly large number of marriages end in divorce.
The cost of this is enormous but there are many quite wealthy divorce lawyers despite the simplification of the rules.
During the Whitlam years the Family Court was established and the biggest change in divorce law was introduced – the “no fault” divorce – with one ground and one ground only, that of irretrievable breakdown evidenced by 12 months separation.
Prenuptial agreements, almost universally concentrated on money and/or property, are clear evidence that there is a possibility that the marriage might end in divorce. Family Court judges are obliged by law to ensure that children of the marriage are cared for, but will only step in to rule on property and money if the parties cannot agree on the division of assets.
The “prenup” can be overturned but is generally binding and its very existence presupposes the possibility of a breakdown.
That’s not as easy to wear as a wedding gown!