Nuptial agreements – Law Journals

Marital agreements: Do it well or not at all

Elizabeth Hassall and Andrew Scott consider best practice for marital agreements and the consequences of an agreement that fails to properly provide for both parties The pre-nuptial agreement failed the test in Radmacher, as no provision at all was made for the wife so that she would have ‘undoubtedly’ been in a ‘predicament of real …

Continue reading "Marital agreements: Do it well or not at all"

This post is only available to members.

In practice: Out of the ordinary

Katie McCann highlights some of the issues that can arise in high-net-worth financial cases Before deciding on the most appropriate forum for a high-net-worth client, it is best practice to obtain advice from a specialist lawyer in the other potential jurisdictions so as to determine where the client would do ‘best’ in any financial proceedings. …

Continue reading "In practice: Out of the ordinary"

This post is only available to members.

Nuptial agreements: Keeping it in the family

Anna-Laura Lock and Anisha Patel analyse the courts’ approach to third-party financial support and when the pressure of entering into an agreement may be considered ‘undue’ Peel J noted in WC v HC that the function of the court is to distribute the parties’ resources, rather than the resources of their wider families. In WC …

Continue reading "Nuptial agreements: Keeping it in the family"

This post is only available to members.

Nuptial agreements: Place of preference

Emily Finn considers the approach of the courts to choice of law clauses in nuptial agreements If nuptial agreements are usually binding in the parties’ chosen jurisdiction, that should act as a strong indication to the court in England and Wales that parties intend to be bound by the terms, including a choice of law …

Continue reading "Nuptial agreements: Place of preference"

This post is only available to members.