Pre-nuptial agreements given a powerful court backing
03I07I09
Pre-nuptial agreements given a powerful court backing
A landmark decision at
the Court of Appeal this week could make it easier for couples with
pre-nuptial agreements to divorce as the detail of the agreement
may now be considered in the Courts.
The decision to recognise
a pre-nuptial agreement, made by the Court of Appeal on 2 July
2009, in the case of Radmacher and Granatino, is a helpful
step towards full recognition of Pre Nuptial
Agreements.
The Law Commission has
already announced its intention to examine the status and
enforceability of such agreements. Although the Law in
England and Wales, as it currently stands, renders Pre
Nuptial Agreement unenforceable, this latest Court of Appeal
decision confirms that if agreements are entered into in the right
circumstances the Courts may give agreements or make take such
agreements into account when considering the division of assets and
income following separation.
Hugh James, family and
matrimonial Partner Malcolm Stevens commented: “We at Hugh James
have been giving advice on Pre Nuptial Agreements for a number of
years.
“Where there
are considerable assets and where one party is better of
financially than the other it makes sense to consider
having such an agreement prepared prior to marriage.”
For further information contact:
Malcolm Stevens
Consultant
Head of Family team
E malcolm.stevens@hughjames.com
T 029 2039 1082