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Pre-nuptial Contracts
English Courts retain the right to make orders disposing of financial claims even where there is a pre-nuptial contract. However the court may decide the contract is fair and it is proper to give it effect. This is in contrast to many countries where such contracts are binding. Pre-nuptial contracts are unusual in England. Because of the English Court's view they have to be carefully drafted or there is a risk of doing more harm than good by drafting an ineffectual one. For that reason many people are disappointed at how expensive they tend to be. Our view is that it is worth having an in-depth initial interview before making decisions as to whether a pre-nuptial is right for you. You can contact us about this by clicking below.
Henry Brookman gives an exclusive interview to BBC London Radio and discusses important issues regarding pre-nuptial agreements.
Download the MP3 of the interview here (7MB File Size) |
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Pre-nuptial Contracts - Scenario Analysis Example
Mr P saw us about whether a pre-nuptial would be appropriate. He was a business man with substantial assets in England. He was entering into an arranged marriage with a distant relative who was a company executive. Whilst they naturally hoped it would work they both wanted to realistically consider what would happen if it did not.
Our solution:
We advised on an agreement which preserved their individual property except for the property which was to be their home. We then built in a formula that if they had children it would provide more generously for the future Mrs P. Finally, if the marriage lasted more than 7 years the agreement was to end and the ordinary law would apply. His fiancée was independently advised and agreed to the deal. We are pleased to confirm that Mr and Mrs P have had a happy marriage.
Read more scenarios from other Areas of Law... |
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Contact Us Now
If you would like to discuss how we could help you with your specific situation please don't hesitate to get in touch.
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