Wednesday, 27 October 2010

The Rise of the Pre-nup, Partnership and Platonic

The Frenchman and German heiress who fundamentally altered English divorce law
The Granatinio/Radmacher divorce case is being called a landmark case, as it suggests that pre-nuptial agreements is now a legal document that can be used legitimately in English courts. The particulars of the case - a French ex-banker/Oxford don who had married a beautiful German heiress - certainly had many divorce lawyers observing with great interest. Because evidently London is the divorce capital of the world, right?

But apart from the legal implications of the case, it is important to consider the wider dynamics between male and female in society. From one angle it seems that England and the rest of the U.K. is heading towards the recognition of the pre-nup like in the U.S. - increasingly the romantics associated with the institution of marriage are becoming eroded, and replaced by legal ramifications, joint bank accounts and tax breaks. But it can also be argued that the pre-nup - while making the institution of marriage fairer and more equal to both parties - automatically introduces a sense of distrust to a relationship. "What do you mean you love me more than anything, but you're still afraid I will take off with all your precious assets?"

And to complicate things, whatever will happen to White v. White, which set the precedent for courts to consider first an equal, 50-50 split of assets between man and wife?

Divorce - the ultimate high-stakes poker game
The institution of marriage in modern times seems just a little troubled, given the devil-may-care attitude to it. I can always divorce. And in ideal situations, separated parties can maturely settle arrangement which makes the process of falling out of love with someone a less stressful transition. But it is unfortunate how adults quickly and easily change to behave like children over spilt milk. Hate, I feel, is a rather strong word, but it gets bandied around quite a lot in the fiery, high-stakes poker game that is a divorce case.
"I now pronounce you partner and partner"
Some argue that marriage is an anachronistic institution unsuitable for our times - how about we all try the civil partnership? The legal and financial security of marriage is still there, but the civil partnership model for some reflects a more tolerant, equal society. With religion, patriarchy and other sources of tradition sweeping us by, it has been suggested that husband and wife should be replaced by partners. I have always wondered what people mean when people say, 'I live with my partner'. Is the Oxford American Dictionary correct in its definition of a 'partner' as 'either member of a married couple or of an established unmarried couple'? This is the background of those in the UK who are pushing for straight-sex civil partnerships, which are currently forbidden here.

Best fwends a.k.a BFF: The first image that came up when I google-image-searched 'platonic friendship'
And finally we must consider the rise of the Platonic friendship. For centuries before our own, a friendship between a man and woman was unheard of, or at least very much frowned upon in all cultures and societies around the world. Our biological traits showed us to be incompatible apart from our natural instinct to reproduce and extend our bloodline. In most societies in the West, Platonic friendships between a man and a woman is taken for granted. We are supposed to be very comfortable with just hanging out with the opposite sex and not have an iota of sexual attraction for them. Some people have rubbished this concept - it doesn't exist, they say. Of course, things are never as simple as they seem to be, but it is food for thought that the progress of modern society is inconsistent, incomplete and less universal than we assume.

The picturesque boarding school where Prince Charles schooled. Cold showers, early morning runs and bullying - the healthy diet which old-fashioned education establishments thrived on in the past. 
Just ask those poor ex-boarding school pupils who make up a healthy chunk of clients for shrinks!

See relevant links:
Financial Times - UK court upholds pre-nuptial deal for heiress
BBC - Why would a straight couple want a civil partnership?
Slate.com - The story of a platonic friendship
The family law case of the decade: White v. White

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