Why should I have a postnuptial agreement?
Draw
up a postnuptial agreement if your relationship is undergoing
difficulties and there is a possibility of a split in the future. It is
worth reviewing your financial situation and drawing up an agreement as
to the division of your assets in the event of a separation.
If
your relationship is blissful it is worth deciding on a division of
your net worth in the event of a separation in the future as emotions
will not be involved and people are able to act far more rationally when
they are not in pain or reacting in fear, anxiety or revenge
.
Is it worth the paper it is written on? What is it's currency in English law?
Let's go back to 2010 and the Supreme Court decision in Radmacher v Gratino
The judgement test was -
“Did
each party freely enter into an agreement, intending it to have legal
effect and with a full appreciation of its implications? If so, in the
circumstances as they now are, would it be fair to hold them to their
agreement?"
Lady Hale
