A pre-nuptial agreement is an agreement entered into before marriage and a post-nuptial agreement is made after marriage. Both set out how assets will be divided on divorce/separation and/or appropriate financial provision for a future/existing spouse. A post-nuptial agreement may also be required at the time of a family inheritance or gift or where there have been difficulties in the marriage.
Following the Supreme Court decision of Radmacher v Granatino. there is now a presumption in favour of upholding these type of agreements. To ensure these are effective:
- each party must have independent legal advice and there must have been adequate time for reflection and consideration without pressure or duress
- include detailed financial disclosure, including business valuations
- be drawn up by a family law expert.
Offshore structures can provide effective protection from the English divorce courts. We can advise on which jurisdictions are likely to be most effective – such as Jersey, the Isle of Man, the Caribbean, the Far East and Middle East – and also the appropriate structure, such as trusts or pensions, and on maximising their tax efficiency.
Our family lawyers are top ranked in the legal directories Legal 500 and Chambers & Partners and are highly commended for client service in Chambers & Partners.
They are accredited specialists in complex business and property cases, in European and International Family Law, cohabitation and pensions, and are trained as collaborative lawyers and mediators. They are also fellows of the International Academy of Lawyers, giving access to expert family lawyers across the world.
All our legal team are also members of Resolution, the national organisation of family lawyers.
For more information, please contact us.