Pre-Nups Revisited
I have just concluded a case where a Pre-Nuptial Agreement prepared by me some five years earlier was challenged by the wife.
The Agreement protected the husband’s pre-martial wealth but the wife’s case in the divorce was that it should no longer stand given the lapse of time and her need for a home.
The law is still largely governed by the 2010 case of Radmacher and provides that a properly prepared Pre-Nuptial Agreement is an important factor for any court to take into account. It is not binding on a court although it is likely to be ‘’taken into account’’ if certain requirements are met such as it being fair, both parties having had legal advice on it and them each having provided full financial information before it was signed.
This was a short to medium length marriage and the Agreement carried a lot of weigh and was thankfully upheld.
However, had the marriage lasted longer, the Pre-Nup might not have carried so much weight as the early contributions would probably then carry less importance and the assets would be more likely to be shared equally.
As always, there is no formula to follow and no one right answer. Please speak to a specialist family law solicitor as it might save you a lot of money and stress.
Anthony Vingoe
Solicitor and Family Law Specialist
Over the last couple of months I have conducted all client meetings by Zoom video conferencing. It has worked really well and I plan to continue this even after the health pandemic has passed.
Long drives to and from meetings can be avoided which will also help wildlife and nature.
Anthony Vingoe
Specialist Family Law Solicitor
Preparation is crucial
Every so often a case is decided by this country’s highest court which goes largely unnoticed but which can have huge implications for the everyday cases if correctly applied by solicitors.
The case of Rothschild v Charmaine De Souza in 2018 is one such case.
The husband said that a business set up and run during the marriage and 5 properties bought during the marriage were owned by his mother and tried to prevent the wife from receiving her fair share of them.
The judge disagreed and found that the common intention of husband and wife was that the company shares and 5 properties were owned by them both on a 50/50 basis. This resulted in her rightly receiving a half share of the marital wealth.
What this shows is that, with the correct preparation by an experienced solicitor, a fair outcome can be achieved.
Anthony Vingoe
www.familylaw-specialist.com
Family Lawyer and divorce solicitor for Cornwall, Devon and London | Family Law Solicitors
www.familylaw-specialist.com
Specialist family lawyer in Cornwall, Devon and Sussex. Divorce solicitors for the family and children in the SW region, providing support and advice on finances in divorce.Cohabiting Couples and Unfairness
It is a common misconception that unmarried couples living together possess the same legal rights are married ones. They do not and the ‘common law husband and wife’ does not exist in law.
This means that where the relationship between an unmarried couple breaks down, they will not have the same rights to apply for maintenance or a lump sum of money or part of a pension in the same way as their married counterparts which particularly after a long relationship can prove very unfair.
The answer: have a ‘Living Together’ Agreement.
This document can be legally binding and afford protection to both parties. It can cover such things as contributions to the home and ultimately how it is divided if it all goes wrong. It is a practical and cost effective way of having peace of mind if properly prepared by a specialist solicitor.
Divorce solicitor for London & SW of England, finance specialist | Family Law Specialist Solicitor
www.familylaw-specialist.com
Specialist solicitors in Family Law for London and the southeast, but based in the South West. All work is undertaken by an accredited specialist in family law. Financial implications of divorce and s...Thought for the Week
If a couple live together without being married and one of them dies without making a Will, the survivor will not automatically inherit anything unless their home is jointly owned as something known as ‘joint tenants’. To make it worse, many unmarried couples are not properly advised on their home ownership and the consequences of the death of one of them.
This applies regardless of the length of the relationship and causes many unfair situations.
Please make a Will. This ensures your wishes are implemented after your death.
My web site www.familylaw-specialist.com has a link to a firm who deal with Wills but you can use a solicitor of your choice. Just make sure you do it.
Divorce solicitor for London & SW of England, finance specialist | Family Law Specialist Solicitor
www.familylaw-specialist.com
Specialist solicitors in Family Law for London and the southeast, but based in the South West. All work is undertaken by an accredited specialist in family law. Financial implications of divorce and s...