Government ‘still thinking’ about prenups

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January 13, 2017 1 comment

prenuptial agreements

The Ministry of Justice (MoJ) is still considering whether or not to legalise a form of prenuptial agreement recommended by the Law Commission. In a newly published report on the implementation of legal proposals made by the Commission, the Ministry notes that: “The Law Commission published its final report on Matrimonial Property, Needs and Agreements…

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Prenups, parents and pressure

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November 17, 2015 15 comments

homeownership, inheritance

Prenuptial agreements are becoming increasingly popular, and parents appear to be the driving force behind it. With house prices relentlessly on the rise, many young couples find it very difficult to buy a home for the first time and some are turning to their parents for help. However, recent reports from The Guardian and the…

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Prenup trumps state law in Florida Supreme Court ruling

September 12, 2015 2 comments

A voluntarily-executed prenuptial agreement that is clear and unambiguous should stand even if it puts one spouse at a disadvantage and disagrees with state laws, the Florida Supreme Court has ruled. Justice Ricky Polston ruled on the case of Dianne Hahamovitch and her ex-husband Harry. The Boca Raton couple married in 1986 when they were…

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Social media prenups: a good idea?

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July 23, 2014 0 comments

social media, social media prenup, prenups

Social media has become a huge presence in modern life. Millions of people around the world access various social sites on a daily basis. It has made sharing information with the world as easy as pressing a button or tapping a screen. There is, however, a darker side to social media use which is becoming…

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The risks behind pre-nuptial agreements

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May 27, 2014 1 comment

same sex marriage

Pre-nuptial agreements are on the rise. On the surface, they seem straight forward enough. Basically, pre-nuptial agreements, or ‘prenups’, are agreements between couples before they get married setting out the terms of settlement should they divorce. Currently, they are not legally binding agreements but following the case of Radmacher v Granatino, which was discussed here…

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Stowe Family Law’s Frank Arndt discusses prenups in BBC debate

March 3, 2014 1 comment

Yesterday one of our long-serving international family lawyers, appeared on the BBC’s topical debate show The Big Questions to discuss the currently very topical issue of prenuptial agreements. He travelled down to Peterborough for the filming and reports that the show is thoroughly rehearsed beforehand, before the cameras eventually roll and the live broadcast takes place. He…

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Judge sets aside prenuptial agreement in Luckwell divorce

March 3, 2014 5 comments

High court judge Mr Justice Holman has set aside a prenuptial agreement in a high profile divorce case. In financial proceedings following the divorce of Victoria Luckwell and Francesco ‘Frankie’ Limata, the judge ordered Mrs Luckwell to finance the purchase of a house by her former husband. The award includes the purchase price, associated legal…

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Law Commission opts for ‘qualifying nuptial agreements’

February 27, 2014 12 comments

The Law Commission has recommended the introduction of legally binding ‘qualifying nuptial agreements’ in place of full prenuptial agreements. Qualifying nuptial agreements would allow both married couples and civil partners to make a mutual agreement on how their finances or property should be divided if they split, but they would only apply after the financial…

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High Court considers compensation in rare ruling

February 24, 2014 2 comments

finances and divorce

High Court judge Mr Justice Mostyn considered the legal principle of compensation in a recent ruling. SA v PA concerned a wealthy Dutch husband and English wife who were married for 18 years. They were both lawyers, with four teenage children. The couple were unable to reach a financial settlement during their divorce, with the…

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