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14 Maternity Trusts to be Scrutinised as Part of National Investigation
Kirsty Allen
Deciding to get married is one of life’s happiest milestones. An engagement brings with it a great deal of energy and excitement as the loved-up couple starts to plan their happy day, whether this is an exotic destination wedding, a multi-day celebration or a simple town hall ceremony.
Perhaps the most common scenario that springs to mind when thinking of the impact of a matrimonial regime or nuptial agreement is in the event of divorce. The election of a matrimonial regime (if applicable) or creation of a bespoke nuptial agreement can have far-reaching consequences if a couple decides to separate later down the line. Anglo-French couples should certainly make themselves aware of the starkly different consequences that each option brings.
The importance of inheritance planning cannot be underestimated – failure to consider the succession and tax consequences that arise on the death of a spouse can lead to significant financial implications, at a time when emotions could already be running at an all-time high. Particularly in situations where there is a large amount of familial wealth, the earlier this is considered, the better, and marriage (and the election or not of a matrimonial regime, or creation of a bespoke nuptial agreement) is a good time to take stock and ensure your family is protected for the future.
The concept of matrimonial regimes has become increasingly well known in England, having been a stalwart of the French marriage process for centuries. International clients and those with Anglo French connections are asking the right questions about French marriage contracts versus English prenuptial or postnuptial agreements more frequently, being more aware of the significant differences between the two and also the need for cross-border legal advice to ensure their interests are protected should they later choose to divorce.
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.
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