Article Tag: pre-nuptial

Nuptial Agreements: What Do the Courts Consider?

Nuptial agreements refer to either pre-nuptial agreements (entered into before marriage) or post-nuptial agreements (entered into after marriage). At present, nuptial agreements are not legally binding. This means that if an agreement is entered into and the relationship breaks down, the court has discretion and can move away from the terms of the agreement if… Read more »

Changes to family law

Having had its first reading earlier in the year, The Divorce (Financial Provisions) Bill introduced by Lady Deech received its second reading in the House of Lords last week. The bill seeks to reform the law relating to financial provisions on divorce amending The Matrimonial Causes Act 1973 with many peers speaking positively about the… Read more »

When is a pre-nuptial agreement not a pre-nuptial agreement?

Despite the recent report of the Law Commission entitled ‘Matrimonial Property Needs and Agreements’ in which it was recommended that certain qualifying pre-nuptial agreements were to become legally binding, Mr Justice Holman has set aside a pre-nuptial agreement signed by Victoria Luckwell and Francesco Limata. The judge set aside the agreement even though he found… Read more »

One step closer to enforceable pre-nuptial agreements

Following on from my recent article on pre-nuptial agreements (7 February 2014), as predicted a report has been released today by the Law Commission, ‘Matrimonial Property Needs and Agreements’ has recommended the introduction of ‘qualifying nuptial agreements’. This, if it becomes law, will mean that pre-nuptial agreements, or pre-marital contracts will become legally binding. Qualifying nuptial agreements… Read more »

Are pre-nuptial agreements to become officially legally binding?

In a very recent case concerning the breakdown of a marriage, the court has decided that they would enforce the pre-nuptial, or pre-marital agreement between parties, as it had been taken out before the marriage with the aid of legal advice. The judge referred to the details of the agreement in his judgment and to… Read more »

Law Commission: Bringing clarity to financial provision

The Law Commission has announced a targeted review of two key aspects of the law that enable married couples and civil partners to claim financial provision from one another on divorce or dissolution of their partnership. Disputes over finances and property between separating spouses or civil partners can lead to misery and expense. Although many… Read more »