Pre-nuptial agreements: Silver solutions

Stowe Family Law | Family Law Journal | October 2019 #190
Julian Hawkhead and Cheryl Grace ask whether pre-nuptial agreements have finally come of age ‘For those over the age of 65 who have built up their pensions over a long working life and entirely prior to marriage, it will be of great importance to them to ensure that there is clarity as to how their …

Continue reading "Pre-nuptial agreements: Silver solutions"

This post is only available to members.

Pre-nuptial agreements: Agreeing to disagree

Burgess Mee | Family Law Journal | May 2019 #186
Vikkie Chetcuti examines case law developments on pre-nuptial agreements, in particular as to legal advice, jurisdiction clauses, needs and sharing, in the post-Radmacher era ‘In Brack the Court of Appeal grappled with the issue of whether the mere existence of a valid pre-nuptial agreement meant the court was constrained as a matter of course from …

Continue reading "Pre-nuptial agreements: Agreeing to disagree"

This post is only available to members.

Pre-nuptial agreements: A balancing act

Boodle Hatfield LLP | Family Law Journal | July/August 2018 #178
James Ferguson and Katie Male look at the courts’ approach to the weight to be given to a pre-nuptial agreement freely entered into by the parties, and the need for overarching fairness ‘Roberts J had to address the question of what “needs” means in circumstances where a pre-nuptial agreement has been entered into, the purpose …

Continue reading "Pre-nuptial agreements: A balancing act"

This post is only available to members.

J v U; U v J (No. 2) Domicile [2017] EWHC 449 (Fam)

Wills & Trusts Law Reports | Summer 2017 #168

The question before the court was, in the context of divorce proceedings between the petitioner and the respondent, whether either party to the marriage were domiciled in England and Wales. The respondent’s position was that neither were so domiciled, such that the divorce petition of the petitioner should be struck out for want of jurisdiction.

At the time of the proceedings the respondent was 72 years old. He was born in Mumbai, India. He moved to London with his family when he was 13 or 14. He studied in England, married and purchased a property in London, and pursued a ...

WA v The Executors of the estate [2015] EWHC 2233 (Fam)

Wills & Trusts Law Reports | October 2015 # 153

Having entered into a pre-nuptial agreement, WA (‘the wife’) married HA (‘the husband’) in 1997. The wife was an heiress and the husband brought modest assets of his own to the marriage. They kept their finances separate. The couple and their three children lived on a very large estate (‘the Z estate’) during the marriage and restored it using the wife’s finances.

The marriage broke down in 2014. Both the wife and husband instructed expert family lawyers which supported the brokerage of an agreement. Following disclosure of their respective gross and net incomes, it was agreed tha...