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Prenuptial agreements to become legally enforceable in UK

On 27February 2014 the Law Commission issued a report recommending that prenuptial agreements should be legally enforceable after the needs of the parties and children on separation have been met.
A prenuptial agreement is a contract between couples intending to marry or form civil partnerships. The purpose of it is to protect possessions and assets in the event of separation or divorce.
Whilst commonplace amongst celebrities and the wealthy, historically prenuptial agreements have not been legally recognised in English and Welsh courts.
Following the case of Katrin Radmacher and Nichols Granatino in 2010 (a German heiress with a fortune of £106m) and the ruling in the Supreme Court that their prenuptial agreement should be legally upheld, the courts in the United Kingdom have begun to recognise the validity and importance of prenuptial agreements in “the right circumstances”.
Lawyers in the UK have been eagerly awaiting The Law Commission report considering whether a change in law should be made to recognise prenuptial agreements more generally.
The report includes a draft Bill “The Nuptial Agreements Bill” which if passed will provide more certainty in law as to the validity of any prenuptial agreement.
Atherton Godfrey has qualified family lawyers with accredited specialisms who are able to advise and prepare prenuptial contracts.
Please contact us today for an appointment to discuss your circumstances in a confidential setting. Telephone 01302 320621
For The Law Commissions full report follow the link to their website.

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