Pre-Nuptial Contracts
We are finding, as experts in the field of family law that it is becoming more and more common for parties to seek to put in place (prior to their marriage) a framework which will deal with the division of their assets (and liabilities) in the event that the marriage was to fail. This is becoming more and more common for those people who have already gone through the trauma of a divorce. Although in the eyes of the law as it stands at present, pre-nuptial contracts are not strictly enforceable, the prevailing view is that a properly drafted pre-nuptial contract prepared in circumstances where full financial disclosure has been made by both parties and where both parties have received independent legal advice appears to have an increasing bearing on how the Courts will deal with the parties’ assets on divorce, particularly in short marriage cases where there are no children.
Increasingly we are finding that there is more and more demand for pre-nuptial contracts. In particular in cases with an international element (where perhaps the parties come from different countries, with different cultures and traditions etc.) or where partners have previously been divorced.
