Pre-Nuptial Agreements and Divorce
The merits of entering into Prenuptial Agreements prior to marrying have seen a boost following the recent Court of Appeal ruling in Hart v Hart.
In that case Karen Hart’s attempt to appeal a £3.5m divorce payout from total resources of just under £9.4m, in a financial remedy order made in June 2015 was rejected by the Appeal Court.
The couple were married for 23 years but importantly in this case Mr Hart who brought much of the wealth into the marriage was allowed to keep it. Whilst the same principle is unlikely to apply in lower value cases where resources will need to be apportioned to cater for each parties needs it does mean that if you are bringing assets into a marriage you should clearly identify them beforehand.
The best way to do that is to enter into a Prenuptial Agreement setting out the assets, their value and the couple’s intention before marriage that should there be a divorce the party that brought them into the marriage should keep them on divorce. Whilst there is no absolute guarantee this will protect the assets as the family judge has the ultimate say, for the relatively modest cost of getting a Prenuptial Agreement drawn up it could be an invaluable “insurance policy” should the relationship turn sour!
At Robinsons Solicitors we offer a fixed fee Prenuptial Agreement service. There are important steps to ensure such an agreement is executed properly and fairly otherwise it may not be valid and we will guide you through the necessary steps in this regard.
Contact James Heywood in our Family Department for further information or a quote – 01227 762888