Pre-nuptial & Post-nuptial Agreements

15 October 2015

The principles of honesty and transparency prevail in divorce proceedings in England and Wales

There has been much attention this week on the Supreme Court decisions involving the cases of Mrs Sharland and Mrs Gohil. Both were allowed to challenge their original divorce orders having each proved that their ex-husbands were dishonest at the time they agreed their financial settlements and despite the Court of Appeal ruling that the original agreements should stand.

Charlotte Bradley

24 July 2015

Pre-nups and divorce - disclosing too much or too little?

As family solicitors, we invest time in carefully explaining to our clients the importance of clear, full and frank disclosure. But what we typically have in mind are those people who think they can hide from the Court’s (or, more precisely, their spouse’s) prying eyes in divorce proceedings that secret bank balance saved for a rainy day, an offshore fund they think will be impossible to track, or the beneficial ownership of a company hidden behind a corporate structure.

Hannah Muress

21 July 2014

International divorce – do you need to divorce in the same country you were married?

Our clients frequently come to us with the understanding that where they marry is relevant to where they will get divorced. They assume there is a connection to that place and that there is no choice therefore as to where they might get divorced. These assumptions are wrong and an already complex picture is even more confusing for international couples when it comes to pre-nuptial agreements.

23 May 2014

Unmarried couples saying Yes to No-Nups

Whilst many unmarried couples take the view that they don’t need a piece of paper to prove their love for one another, latest trends would suggest otherwise albeit this piece of paper is not a marriage certificate but is in fact quite a few pieces of paper, which are signed, witnessed and notarised with the snappy title ‘no-nup’.

Olivia Stiles

25 April 2014

Cross border pre-nuptial agreements - the great divide

The Law Commission’s February reforms, outlining measures to make it easier for separating couples to manage their financial affairs,  recommended that the law should give greater recognition to
private ‘qualifying’ pre-nuptial agreements, which have been growing in popularity despite the fact that they are not currently legally binding. That’s all well and good for English agreements for English couples,
who will benefit from greater economic certainty and protection against the discretionary powers of the English courts should their marriage breakdown — statistically a one-in-three chance.

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