Tuesday, September 06, 2016

Why Should I have a Postnuptial Agreement?


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

Pre and post nuptial agreements are not legally binding but...


 I have moved my blog over to my new website at www.bastowssolicitors.co.uk


The rest of this post can be found here:


 Why should I have a postnuptial agreement?