Andrea Boulter, Head of Family Law
– This article demonstrates how pre-nuptial agreements are becoming increasingly recognized by the courts. It is also a very important document should you be entering a second marriage, have accrued savings during your lifetime or you have children.
Prenuptial agreements (Pre-Nup’s) as a tool for wealth protection have been given a further boost by the court with the Family Court recently holding parties to the terms of their Pre Nup where the marriage ended after just 12 weeks.
The Family Court described the circumstances in H v H [2016] EWFC B81 as a ‘paradigm’ case for upholding the terms of a Pre Nup.
Nuptial agreements, whether entered into before or after a marriage, are contracts to regulate the division of property and deal with income and other issues in the event of a marriage breaking down. They avoid the need for the parties to submit themselves to the uncertainty and expense of a Court application.
While not legally binding, the Court is increasingly upholding nuptial agreements entered into freely with full appreciation of the implications. Careful drafting, legal advice and the exchange of full, frank and clear financial disclosure are a must.
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