Increasingly popular since the landmark ruling in Radmacher v Granatino of 2011, and better understood than they once were by members of the public, these agreements are the natural choice for those who wish (prior to marriage or Civil Partnership) to put in place a framework for safeguarding assets and dealing with liabilities in the event of a relationship breakdown. Myths abound about these agreements and they are not automatically binding in England and Wales as they are in many other jurisdictions. We provide clear and sensitive advice to assist you in achieving your goals and negotiate agreements that are fair and thus likely to be upheld in both England and Wales and other jurisdictions where you may have assets. The Law Commission Report, “Matrimonial Property Needs and Agreements” 2014 recommended the introduction of such qualifying nuptial agreements – enforceable contracts which would enable parties to make binding arrangements for the financial consequence of divorce and dissolution of Civil Partnerships. At present these agreements can be overturned if at the time of divorce or dissolution they are manifestly unfair, expert advice is therefore essential. Financial disclosure between the parties is key and agreements should be reviewed at clearly stated junctures, for example upon the birth of a child. Nuptial agreements are often requested by clients who have previously been divorced, or who have inherited or dynastic funds that they are anxious to protect for future generations.
Our team has extensive experience in drafting these agreements, which include those made by international couples, where obtaining local expert advice on the likely enforceability of the agreement in the relevant jurisdiction is a must. Our extensive network of international family law specialists allows us to source the right local advice for you outside the jurisdiction of England and Wales.