Nuptial agreements: preparation matters

Nuptial agreements: Sarah Scriven runs through the key points to consider now, to avoid disputes later

Relevant case law dealing with pre- and post-nuptial agreements and essential points to include when drafting a nuptial agreement.

Nuptial agreements, whether pre- or post-, have the same status in law. Usually, they set out how the parties want their assets divided if they later separate or divorce, and may also deal with how income is to be treated during the marriage and post-separation.

Nuptial agreements have historically been the preserve of wealthier couples, either entering into a subsequent marriage, with the intention of protecting existing wealth for themselves or their children, or younger couples who wish to protect future wealth, such as inheritances, gifts from family or income streams that are destined to improve.

Nuptial agreements are not currently legally binding and cannot be enforced. Instead, they are evidence of intentions. Radmacher v Granatino [2010] UKSC 42, [2010] All ER (D) 186 (Oct) has been the leading case on nuptial agreements since

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

Nuptial agreements: preparation matters

Nuptial agreements: Sarah Scriven runs through the key points to consider now, to avoid disputes later

Relevant case law dealing with pre- and post-nuptial agreements and essential points to include when drafting a nuptial agreement.

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS

Read All

NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders

Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners

NLJ this week: What counts as ‘rent’? Court says labour alone won’t do

A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent

Your magistrates’ court needs you!

Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process

NLJ this week: Freed but failed—justice system leaves the innocent empty-handed

Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’

NLJ this week: Clarity on whistleblowing, settlements and tribunal limits

A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’

Error message

Nuptial agreements: preparation matters

MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Dawson Cornwell—Naomi Angell

Penningtons Manches Cooper—Graham Green