Pre-Nuptial Agreements & Asset Protection
Clients frequently ask us to draft and advise on pre and post nuptial agreements ("PNA"). Although the position in the UK remains that to the extent that PNAs try to exclude or limit a court's jurisdiction they are not strictly enforceable, the latest case law suggests that a properly drafted PNA setting out the basis for the division of assets on a breakdown of a marriage is likely to influence a court's thinking if it is asked to redistribute assets and income fairly, particularly in cases where the marriage is short and there are no children involved.
We are currently acting for one of the parties to a case awaiting judgement from The Supreme Court. This leading case will clarify the law in relation to PNAs. Our involvement in this gives us unique experience and expertise to advise on drafting appropriate PNAs. In the case of the international family, we are able to liaise with specialist colleagues in other jurisdictions and to provide comprehensive advice and service.