Out of hours emergency
+44 (0)20 7034 9000
1 May 2013
After a three-year gestation period ending in a rally of...
Family court refuses to re-open “big money” financial remedy proceedings despite husband’s non-disclosure
14 May 2013
A wife’s application to re-open financial proceedings has...
1 February 2013
On 3 December 2012 new legislation came into force in Guernsey...
More and more people are entering into agreements to protect their assets in case their relationship breaks down. These take the form of prenuptial agreements (before they marry), pre-registration agreements (before a civil partnership) or postnuptial agreements (after they marry).
This trend has been sparked by the steep rise in divorce rates over recent years and the increase in financial settlements paid out upon divorce. In many countries outside the UK, such agreements are a normal feature of marriage and are regularly enforced as binding agreements by foreign courts.
We advise clients on the drafting, negotiation and terms of all cohabitation and marital contracts, and what would be most appropriate in individual circumstances.
Often, such marital contracts have an international element, and we are able to draw on our strong links with law firms in other countries to provide comprehensive advice about appropriate terms, to ensure agreements are effective, both in this jurisdiction and overseas.
Recent rulings, by the Privy Council in the case of MacLeod, and by the Court of Appeal in Crossley v Crossley and Radmacher v Granatino, show a leaning towards recognition of agreements made between parties that are fair and entered into without duress, and that such agreements should form the basis of any award made by the court.
We also advise both men and women on their legal rights and the implications of entering into a civil partnership, as well as how these can be brought to an end, and what their separation rights might be.
Couples who sign a pre-registration agreement commit themselves to specific rights and responsibilities which are very similar to those associated with marriage. Our advice includes drafting tailor-made and comprehensive pre-registration contracts.