Prenuptial Agreements in the UK
By: Herschel Kane | Posted: 29th October 2010
Prenuptial agreements will be in something of a legal limbo in the uk. Unlike many jurisdictions in Europe and further afield, UK courts weren't certain to accept them in a divorce hearing. While this is still true in the uk, a recently available landmark ruling gave a substantial indication that English courts may now consider them.
During the past year an Appeal Court took a UK prenuptial agreement into account when protecting the ?100m assets of the German heiress from her ex-husband. That decision should give comfort to people UK couples intending to make a prenup before their wedding ceremony.
While such agreements remain not officially binding inside a UK court, the appeal court's decision does at least give a strong indication that they can be taken into account within the unfortunate event of the divorce case.
The landmark ruling managed a case involving an enormous sum of money, but even those couples that have nowhere near that amount, may seek to safeguard their personal assets should they ever divorce. However, they need to appreciate how a prenup ought to be drafted if it's to avert being rejected by the British courts.
The agreement needs to be constructed in the uk. No British court will countenance an overseas agreement. The prenuptial agreement ought to be signed and dated no less than a 3 week period before your wedding reception. Any under this as well as the court may assume or believe it absolutely was constructed under circumstances involving duress.
While there's no legal obligation for such an agreement to become drafted with the help of a solicitor, it really is most definitely advisable. A solicitor which has connection with drafting contracts - which a prenup is - will make sure it is watertight, thereby which makes it more unlikely that it's going to be given away by any divorce court.
Divorces are, most of the time, bitter affairs. Should among the couple opt to not stick to the spirit with the prenup to make what his/her former spouse considers unreasonably demands on the division of any assets, then a properly constructed prenuptial agreement, worded and checked with a solicitor, will make a big difference. Which is because it'll have such a massive touching on the lives from the couple should they end their marriage, that it must be essential that legal advice is sought each time a UK pre-nuptial agreement has been drawn up.
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Tags: sum of money, legal obligation, personal assets, wedding ceremony, unfortunate event, prenuptial agreement, divorces, divorce court, divorce case, duress, prenuptial agreements