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Lawson-West your legal partner for life
The tradition is believed to have started back in 5th century Ireland when St Bridget complained to St Patrick about women having to wait for a man to propose. St Patrick said that women could propose on 29 February. The first documentation of this practice dates back to 1288 when Scotland passed a law allowing women to propose marriage in that year which fell on a leap year. In England, 29 February was effectively ignored by English Law and “leapt over”. As the day didn’t have any legal status, traditions also lost their significance and women were able to propose marriage.

A man who declines a leap year proposal is supposed to pay a fine. Traditionally the fine could range from a kiss to payment for a silk dress or pair of gloves.

Today’s women would be better off proposing a Pre-Nuptial Agreement along with marriage. A pre-nuptial agreement is particularly useful in a proposed marriage between people of different nationalities because they can protect assets held in another country. Although thinking about a pre-nuptial agreement doesn’t seem particularly romantic, it is actually a good way of avoiding arguments later in the day. Think of a pre-nuptial agreement as a way of stating that you want your marriage to be one of fairness and equality.

Pre-nuptial agreements can be drawn up relatively quickly and inexpensively by a solicitor, and pre-nuptial agreements offer many benefits including protecting property and possessions intended to pass down through different generations of a family. Pre-nuptial agreements also, importantly, protect the needs of any children.

There are many other good reasons to want a pre-nuptial agreement, which sets out how a couple’s assets will be dealt with in the event of divorce or separation. Although not completely binding in English Law, pre-nuptial agreements can be persuasive and have an effect on a divorce settlement. It’s worth noting that pre-nuptial agreements cannot overrule the law or prevent a judge from deciding something different to what is in the agreement. However, recent high profile cases have shown that the trend is towards greater acceptance of pre-nuptial agreements, which looks good for the future.

If you’ve made your marriage proposal and would like to discuss pre-nuptial agreements, please contact James Haworth on 0116 212 1080.