Category: prenuptial agreements

A guide to protecting non-matrimonial assets in divorce – Family Law

Posted July 11th, 2022 in divorce, families, financial provision, married persons, news, prenuptial agreements by tracey

‘A key consideration in any divorce is how to divide your assets. Assets which are acquired or built up during the marriage (matrimonial or marital assets) are generally divided equally. But what if you came into the marriage with significant premarital wealth or received a substantial inheritance before or after your separation? You may feel that it is unfair for these assets to be divided at all, and you may want to protect them in the event of a divorce.’

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Family Law, 6th July 2022

Source: www.familylaw.co.uk

Civil partnerships for heterosexual couples: what you need to know – Family Law

Posted February 5th, 2020 in civil partnerships, equality, families, inheritance tax, marriage, news, prenuptial agreements, taxation, wills by tracey

‘As of 31st December 2019, it is now possible for both same-sex and heterosexual couples to enter into a civil partnership. The institution was initially devised solely for same-sex couples through the Civil Partnership Act 2004; it was meant to be a distinct separate relationship status for same-sex couples akin, but different to, a marriage. This has now changed and moving into 2020, heterosexual couples may opt for a civil partnership instead of a marriage.’

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Family Law, 5th February 2020

Source: www.familylaw.co.uk

Some Further Thoughts on Pre-Nuptial Agreements – Becket Chambers

Posted December 4th, 2019 in news, prenuptial agreements by sally

‘Following on from Lord Phillip’s consideration in Radmacher of the vitiating or weight reducing factors of duress, fraud, misrepresentation, undue pressure and unworthy conduct such as an exploitation of a dominant position to secure an unfair advantage, to what extent can those factors combine with each other and with other factors that might diminish a Radmacher “appreciation of the implications” of the agreement, so that a case that might be weak on one point is nonetheless strong overall?’

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Becket Chambers, 28th November 2019

Source: becket-chambers.co.uk

Prenups put families’ ability to look after each other at risk, Supreme Court President says – Daily Telegraph

Posted July 9th, 2019 in enforcement, families, news, prenuptial agreements by sally

‘Families may not be able to look after each other if prenuptial agreements become legally binding, the Supreme Court President has warned.’

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Daily Telegraph, 8th July 2019

Source: www.telegraph.co.uk

Giving hope to all concierges who date cosmetics heiresses – Transparency Project

Posted April 12th, 2019 in divorce, families, financial dispute resolution, financial provision, news, prenuptial agreements by sally

‘Giving hope to all concierges who date cosmetics heiresses,* The Times tells us that ‘Concierge who wed Avon heiress wins £1.3 million despite pre-nup deal’.’

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Transparency Project, 11th April 2019

Source: www.transparencyproject.org.uk

Hotel porter awarded £1.3 million divorce payout from Avon heiress ex-wife – Daily Telegraph

Posted April 5th, 2019 in divorce, news, prenuptial agreements by tracey

‘A bankrupt hotel porter has been awarded a £1.3 million divorce payout from his Avon heiress wife after a judge ruled that the pre-nuptial agreement which left him penniless was unfair.’

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Daily Telegraph, 4th April 2019

Source: www.telegraph.co.uk

Clarification as to the validity of jurisdiction clauses in pre-nuptial agreements (Brack v Brack) – The 36 Group

Posted March 12th, 2019 in financial provision, jurisdiction, news, prenuptial agreements by sally

‘Andrzej Bojarski, barrister in The 36 Group (36Family), discusses the Court of Appeal’s approach in Brack v Brack regarding the validity of jurisdiction clauses in pre-nuptial agreements, and the scope of the court’s discretionary powers when dealing with an application for financial relief in the face of a valid pre-nuptial agreement.’

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The 36 Group, 5th February 2019

Source: 36group.co.uk

“Prenup, postnup, catnup, dognup, petnup” – why? – Family Law

Posted September 25th, 2018 in enforcement, marriage, news, prenuptial agreements by sally

‘Behind the scenes there are many considerations for couples and their families. With the preparation of the happy joining of lives of two people with marriage, also comes financial considerations going forward.’

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Family Law, 24th September 2018

Source: www.familylaw.co.uk

Finance and Divorce Update, June 2018 – Family Law Week

Posted June 15th, 2018 in charging orders, costs, divorce, financial provision, jurisdiction, news, prenuptial agreements, striking out by tracey

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during May 2018.’

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Family Law Week, 14th June 2018

Source: www.familylawweek.co.uk

Foreign pre-nup, English divorce? What’s the deal? – Family Law

Posted June 8th, 2018 in divorce, foreign jurisdictions, news, prenuptial agreements by sally

‘It is not at all uncommon for international couples who marry abroad to have entered into a pre-nuptial agreement or a ‘matrimonial property regime’. Pre-nuptial agreements are indeed commonplace in many countries which treat these documents as binding and legally enforceable agreements. But what happens when a foreign pre-nup finds its way to the English divorce courts?’

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Family Law, 6th June 2018

Source: www.familylaw.co.uk

Attempting modernisation: the Divorce (Financial Provision) Bill – Family Law

Posted February 5th, 2018 in bills, divorce, financial provision, matrimonial home, news, periodical payments, prenuptial agreements by sally

‘Momentum is growing for the modernisation of the statutory approach to the financial division of assets on divorce, the recognition of pre- and post-nuptial agreements, and an overhaul of spousal maintenance. Over the last few years the great and the good have been beavering away in an attempt to find the Holy Grail, a way of modernising family law to provide more certainty and clarity.’

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Family Law, 2nd February 2018

Source: www.familylaw.co.uk

A prenup for Harry and Meghan? – Law & Religion UK

Posted November 29th, 2017 in news, prenuptial agreements, royal family, trusts by sally

‘Almost as soon as actress Meghan Markle’s engagement to Prince Harry was announced, The Times published advice from English family lawyers suggesting the couple sign a prenup. ‘It is absolutely vital’, one interviewee said, because ‘there will always be concerns that in case of any future divorce, royal assets could end up being lost’.’

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Law & Religion UK, 29th November 2017

Source: www.lawandreligionuk.com

DB v PB: a reminder of potential effect of maintenance agreements – Family Law Week

Posted February 8th, 2017 in divorce, EC law, family courts, financial provision, foreign jurisdictions, news, periodical payments, prenuptial agreements, reasons by tracey

‘Michael Allum, Solicitor with The International Family Law Group LLP, considers the implications of maintenance agreements in financial remedies cases.’

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Family Law Week, 3rd February 2017

Source: www.familylawweek.co.uk

Finance and Divorce Update (March 2016) – Family Law Week

Posted March 7th, 2016 in appeals, charities, consent orders, costs, debts, disclosure, divorce, domestic violence, evidence, families, family courts, financial dispute resolution, financial provision, legal aid, limitations, news, prenuptial agreements, time limits, ultra vires, women by tracey

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during February 2016.’

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Family Law Week, 5th March 2016

Source: www.familylawweek.co.uk

Why your in-laws want you to sign a prenuptial agreement – The Guardian

Posted November 16th, 2015 in families, news, prenuptial agreements by sally

‘Prenups are growing in popularity, as parents worry that their contribution to a child’s house deposit will be half-inched by a wayward partner.’

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The Guardian, 15th November 2015

Source: www.guardian.co.uk

Senior judge renews calls for introduction of ‘no fault’ divorce in England and Wales – OUT-LAW.com

Posted April 15th, 2015 in divorce, families, news, prenuptial agreements by sally

‘Laws governing divorce in England and Wales should be modernised to allow couples to divorce without accusing their ex of adultery or ‘unreasonable behaviour’, according to one of the country’s most senior judges.’

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OUT-LAW.com, 10th April 2015

Source: www.out-law.com

Nuptial Agreements: The Search for Intention – Family Law Week

Posted March 9th, 2015 in appeals, disclosure, divorce, enforcement, financial dispute resolution, financial provision, legal services, news, prenuptial agreements, Supreme Court by tracey

‘Ben Wooldridge, pupil at 1 Hare Court, reviews the court’s treatment of nuptial agreements since Radmacher v Granatino [2010] UKSC 42, highlighting emerging trends and the growing significance of the parties’ intentions in determining enforceability.’

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Family Law Week, 5th MArch 2015

Source: www.familylawweek.co.uk

Finance & Divorce Update – Family Law Week

Posted February 19th, 2015 in appeals, child support, family courts, financial provision, marriage, news, prenuptial agreements, taxation by sally

‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases from January 2015.’

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Family Law Week, 19th February 2015

Source: www.familylawweek.co.uk

Nuptial Agreements: Limiting the Family Lawyer’s Exposure to Negligence Claims – Family Law Week

Posted May 28th, 2014 in barristers, drafting, negligence, news, prenuptial agreements, solicitors by sally

‘The authors consider whether family lawyers are assuming unlimited liability when advising upon or drafting nuptial agreements and look at the practicalities of limiting that liability.’

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Family Law Week, 21st May 2014

Source: www.familylawweek.co.uk

Rise in couples seeking pre-nups – Daily Telegraph

Posted May 12th, 2014 in divorce, Law Commission, marriage, news, prenuptial agreements, statistics by sally

‘Law firms report an increase in people seeking pre-nuptial agreements in the wake of new guidance from the Law Commission.’

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Daily Telegraph, 11th May 2014

Source: www.telegraph.co.uk