Pre-nuptial agreements given a powerful court backing

03I07I09

Pre-nuptial agreements given a powerful court backing

A landmark decision at the Court of Appeal this week could make it easier for couples with pre-nuptial agreements to divorce as the detail of the agreement may now be considered in the Courts.

The decision to recognise a pre-nuptial agreement, made by the Court of Appeal on 2 July 2009, in the case of Radmacher and Granatino, is a helpful step towards full recognition of Pre Nuptial Agreements.  

The Law Commission has already announced its intention to examine the status and enforceability of such agreements.  Although the Law in England and Wales, as it currently stands, renders Pre Nuptial Agreement unenforceable, this latest Court of Appeal decision confirms that if agreements are entered into in the right circumstances the Courts may give agreements or make take such agreements into account when considering the division of assets and income following separation.

Hugh James, family and matrimonial Partner Malcolm Stevens commented: “We at Hugh James have been giving advice on Pre Nuptial Agreements for a number of years. 

“Where there are considerable assets and where one party is better of financially than the other it makes sense  to consider having such an agreement prepared prior to marriage.”

For further information contact:

Malcolm Stevens

Consultant

Head of Family team

E  malcolm.stevens@hughjames.com

T 029 2039 1082

Clara Barber

Director of Marketing and Business Development

E  clara.barber@hughjames.com          

T  029 2039 1000