Here you will find recent cases and developments about prenuptial agreements,
postnuptial agreements and other marital agreements, which we hope will be of interest to you.
How do English prenuptial agreements (and other marital agreements) differ from marital property agreements in European countries?
Most countries in Europe (as well as elsewhere, including South Africa) have codified civil law systems and operate marital property regimes which apply during a couple's marriage, as well as upon divorce, bankruptcy, or death.
Lord Wilson of Culworth delivers speech about changes in the financial consequences of divorce, and speaks in favour of prenuptial agreements becoming legally enforceable
On 20 March 2017, Lord Wilson gave an address to the University of Bristol Law Club about changes over the centuries in the financial consequences of divorce, including the development of the law regarding prenuptial agreements.
With figures indicating a steep increase in marriage among the over-65s, Maeve O'Higgins explains why it's sensible for these couples to put in place a prenuptial agreement to be fair to their current partner and preserve their assets for children from previous relationships.
Statistics published by the ONS for the period 2009-2014 and reported in The Guardian (here) have highlighted the increase in the number of marriages of opposite-sex couples aged over 65 (marriage for same-sex couples was only introduced in England and Wales in March 2014, so is not statistically significant in these figures.)
In this case, a provision prohibiting a child's future relocation during her primary school years was ruled to be irreconcilable with the child's best interests so, disapplying the general principle established in the case of Xydhias, the judge amended the wording of the draft order.
This case involved a financial application brought by a mother, under Schedule 1 of the Children Act 1989, which had been settled at a roundtable meeting attended by the parents and their very experienced lawyers, resulting in signed Heads of Agreement ("HoA").
Under the general principle established in the case of Xydhias v Xydhias [1999], ordinarily HoA signed by the parties, or a clear exchange of solicitors' letters setting out the terms of an agreement, will establish a consensus to which the parties should be bound.
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Archive
- 1) What happened when judge found prenup valid but unfair?
- 2) Court upholds £2.7m award to ex-wife of Lambretta millionaire
- 3) Bill seeks to make prenups legally enforceable
- 4) Prenups in court: will they be upheld?
- 5) Forward-thinking millennials prompt spike in prenups
- 6) Prenuptial agreement upheld after 12-week marriage
- 7) Parental influence moves from property leg-up to prenup
- 8) Does gender affect the outcome of a prenuptial agreement, if it is challenged on divorce?
- 9) Prenuptial agreements and a 'social media' clause
- 10) Prenuptial Agreements: providing more certain financial outcomes on divorce
- 11) Why you might want a prenup, even if Mariah Carey doesn't!
- 12) Can prenups be used to ringfence particular assets outside the marriage?
- 13) The use of penalty clauses in prenups to punish cheating spouses
- 14) Court rejects wife's attempts to renege on agreement
- 15) What's the impact on financial provision in the event of divorce?