We discuss the various aspects that you should consider from a family and inheritance or succession perspective when deciding which matrimonial regime to elect (or whether to create another type of agreement), including what will happen by default if you do not select any.
The “joint family” is a concept which most Indians will be familiar with, even those growing up in a less traditional family set up in England. In India, it is seen as the most desirable set up for families as a way to retain wealth and working together. However, the concept of ‘sharing as needed’ can place the family wealth under significant risk of attack upon divorce and create unnecessary (and often costly) complexity and financial uncertainty at an already difficult time.
Jane Keir writes for Family Law on pre-nups and second look States. In this, she compares English prenups with the position in certain states in the US where they take a second look at the time of marriage breakdown to see if the terms are fair.
Recent years have seen pre-nuptial agreements move from the world of the super-rich to being a tool many now consider in advance of marriage. Abby Buckland, senior associate in the family and divorce team, sets out how they are viewed by the courts and how to correctly set up such an agreement.