Published on March 14, 2014
Pre-nuptial Agreements byA H Christie Legal Solicitors LLP [This presentation is for informational purposes only. It sha" not be construed as legal advice.] Friday, 14 March 2014
Cohabitation or Marriage? Legal consequences of cohabitation and marriage break-up Marriage: more protection to the stay at home parent Pre-nuptial agreement offers a chance to discuss ﬁnancial matters before the wedding But cohabitants with children treated similarly to married couples Cohabitation Agreement can grant protection to the stay at home parent Friday, 14 March 2014
Divorce What will happen to my pre-marital property? How about... Inheritance Gifts Business interests Investments Friday, 14 March 2014
Divorce : stay at home parent My partner gave up her/ his job to raise children. What will she/he get on divorce? Who will keep the kids? Who will get the family home? Other assets? Friday, 14 March 2014
Divorce: division of assets Starting point 50:50 What factors are taken into account when property is divided? Financial contributions Needs and interests of children Needs of the spouse who is not earning or earning less Family home - usually goes to the stay at home parent guardian of the children Friday, 14 March 2014
Solution: Pre-Nuptial Agreements Currently non-binding but have a persuasive force Law Commission report from 27th February 2014 recommends a that courts make ﬁnancial orders consistent with nuptial agreements Can provide for: ﬁnancial settlement upon divorce, spending matters, child custody issues, maintenance payments etc. Pre-nuptial can make divorce quicker and less painful. Friday, 14 March 2014
Pre-nups: some of the requirements Has to comply with standard contract rules Signed and witnessed Both parties need to be separately advised Can’t contract out of ‘ﬁnancial needs’ and fairness Full ﬁnancial disclosure Signed at least 28 days before the wedding Friday, 14 March 2014
Do you have any questions? Would you like to know more about pre-nups? Email us @ ahchristielega"lp.co.uk Ca" 020 7565 0020 Friday, 14 March 2014
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