Pre-nuptial & Post-nuptial Agreements

4 March 2011

New mediation rules - a wake up call for solicitors?

Following on from last week's blog, concern has arisen that there won't be enough mediators to meet demand as a result of the new rules. From 6 April a session with a mediator will be made compulsory for parties in a family dispute intending to issue financial or children proceedings (with some limited exceptions). All solicitors will need to consider with their clients whether a court application should be issued before 6 April to avoid the immediate need to attend mediation. And for those solicitors who have been reluctant to refer their clients to mediation they must also now have to hand a list of recommended mediators so that they comply with the rules. At Kingsley Napley Lucy Thomas and I will be approved to offer the mediation awareness sessions.

Charlotte Bradley

26 January 2011

Pre-nup reform?

Pre-nuptial agreements, which have growing in popularity over the last few years, are back in the spotlight after the Law Commission announced the results of its review of marital property agreements (encompassing pre-nuptial and post-nuptial agreements) at the beginning of this year. The Law Commission has set out a summary of the law as it currently stands and has asked people to inform them whether or not they believe that this area of law should be reformed and, if so, how?

Connie Atkinson

13 December 2010

The European marriage contract - a different animal to the pre-nup?

I have read with interest the commentary on a highly contested divorce currently proceeding in New York, the divorce of Olivier Sarkozy (the half brother of Nicolas Sarkozy) and his wife Charlotte. According to the press reports (even reported in the English press - eg see Telegraph of 5 December) Mrs Sarkozy is trying to overturn the terms of a French 'pre-nup' the parties had entered into when they married in the 1990's. Olivier apparently had been 'summoned' by his future father in law to sign the contract to protect Charlotte's family trusts. Since then Olivier's career and financial position had gone from strength to strength and, by the time of the parties' separation, the terms of the agreement no longer suited Charlotte and to the contrary were very much in her husband's interests .

Charlotte Bradley

25 November 2010

The Terms and Conditions of a Royal Engagement

Since the engagement of Prince William and Kate Middleton was announced on 16 November, the worldwide press has been filled with speculation about the date of the wedding, which designer will create Kate’s dress and, of most interest to family lawyers, whether the couple will enter into a Prenuptial Agreement.

11 November 2010

‘Til death do us part….

According to recent media reports, a husband has been charged with murdering his wife to ensure he was not bound by the terms of their prenuptial agreement, possibly panicked by the recent judgment of the Supreme Court in Radmacher.

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