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12 March 2015
Slater and Gordon Family Law Solicitor Charlotte Brinsley advised her client, a prospective groom, who was planning to marry his second wife about a prospective pre-nuptial agreement.
Charlotte’s client had been married once before and was yet to resolve a financial settlement with his ex-wife. Charlotte’s client and his new bride wanted to ensure that any assets they currently held in their sole name, or joint name with a third party would remain that way in the event of a breakdown of their marriage. They also wanted to agree that all marital assets held in joint names were to be shared equally.
Charlotte advised her client on the validity and enforceability of a pre-nuptial agreement in order to achieve his wishes. Although a pre-nuptial agreement is not currently legally binding in England and Wales, a Supreme Court decision in 2010 established that Courts should give effect to a pre-nuptial agreement providing it is fair to hold both parties to their original agreement.
Charlotte considered the different factors that would give weight to the agreement and advised her client accordingly. The factors included ensuring that there was no evidence of duress, fraud or misrepresentation and that both parties to the agreement took independent legal advice. Charlotte annexed to the pre-nuptial agreement, a breakdown of each of the parties’ financial circumstances. Charlotte also ensured that the pre-nuptial agreement was completed and signed at least 21 days prior to the wedding day.
It is of course always hoped that these pre-nuptial agreements need never be looked at again once signed and complete. However, it does provide some level of comfort to Charlotte’s client that he can have an input in respect of how his assets will be divided in the event of his second marriage breaking down rather than leaving the outcome of his future livelihood in the hands of the Court.
Charlotte Brinsley is a Family Law Solicitor at Slater and Gordon Lawyers UK.
Slater and Gordon Lawyers offer both flexible pricing and fixed fees for family law and divorce legal services. For an initial consultation call the Family Solicitors at Slater and Gordon UK on freephone 0800 916 9055 or contact us online and we will call you.
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