Potential arguments can be avoided and acrimonious atmospheres dissolved by taking the precaution of making a post-nuptial or pre-nuptial agreement. Should couples choose to take this step, what must their legal adviser bear in mind, what are the necessary actions, and how have the courts treated such agreements?
In this week’s NLJ, Sarah Scriven, senior associate at Stowe Family Law, sets out a handy checklist on pre-and post-nups. Scriven looks at relevant caselaw, and outlines helpful hints to minimise disputes. For example, a review clause should always be included.
Scriven writes: ‘Nuptial agreements may become binding in the future, and all parties entering into nuptial agreements should do so on the basis that their agreement will be upheld.’
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