Family Law News
To pre-nup do us part? Jenniffer Skillen-Smith
The Court of Appeal set an important legal precedent on 2 July 2009 by backing pre-nuptial agreements and aligning English law with the rest of the world.
Senior Judges at the Court of Appeal upheld a challenge brought by Katrin Radmacher, a millionaire heiress. The Court gave a ruling that a pre-nuptial contract should be decisive when the court divides a couple's assets after the marriage has broken down.
Lawyers have always regarded pre-nuptial agreements as "persuasive" only. A pre-nup was considered as an indication of the parties' intention when they married, but not as a definitive legally binding contract.
It would now appear that the Court of Appeal has signalled a significant shift in how the court will consider a pre-nuptial agreement. Following the ruling, the legal burden and pressure now falls upon the party who is seeking to challenge the pre-nup, rather than the party who wishes to uphold it.
This reinforces the importance of seeking legal advice prior to marriage. The recent case of Katie Price and Peter Andre is a typical example. The couple are reported to have signed a pre-nuptial agreement and if this is the case, they may avoid expensive litigation if their marriage has in fact irretrievably broken down.
For further advice about pre-nuptial agreements or any family law matter, please contact Lees Solicitors LLP, with offices based at Birkenhead, Heswall, and West Kirby they are on-hand to help. Please call Jenniffer Skillen-Smith on 0151 647 9381
This article provides a summary of a recent case/change in law/news item. It is intended for general information purposes only and is not to be relied upon. It does not constitute legal advice and should not be treated under any circumstances as a substitute for legal advice. Lees Solicitors LLP does not accept any responsibility for any loss that may arise from reliance upon the information contained within this article. The copyright in this article is owned by Lees Solicitors LLP and permission must be sought before reproduction or publishing.
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