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.
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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.
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