UK Prenups Given Green Light by Landmark Ruling

Currently, English courts are not legally obliged to recognise and act on prenuptial agreements

. However, a recent landmark case, handled by a London supreme court, means that couples planning to marry should seriously consider them.The case saw German heiress Katrin Radmacher safeguarding the 100 million inheritance she was due to inherit from her father, from former husband, the French-born Nicolas Granatino.The case was important because under English Law, where the prenuptial agreement (also known as a prenup) would not have normally been taken into consideration, as a former spouse was able to protect her assets from the clutches of her husband. This was all related to a prenuptial agreement that had been made over 10 years previously.The UK court would have paid little attention to the fact that the agreement between Granatino and Radmacher would have been accepted by the courts in their countries of birth. However, by considering the content of the prenup when making a ruling, the court indicated that prenup agreements in the UK might now have an impact on decisions made by other UK divorce courts. However, it must be fully understood that as far as the UK is concerned, our courts are still under no obligation at all to recognise such an agreement.Arguably, that has left the concept of the prenuptial agreement in some kind of a legal limbo as far as the United Kingdom is concerned. But now that the country's top court has ruled that they can be taken into consideration, British couples contemplating marriage should most certainly consider them. This means that couples should make sure that their prenuptial agreement is drafted in such a way that the courts are more likely to take it into consideration.When planning to make a prenuptial agreement, couples should take two important points into consideration. Firstly, the courts are not likely to accept a prenup if the marriage is only short lived. Secondly, it must be signed at least 21 days before the wedding takes place. This is to make sure that nobody can claim that they signed the agreement while under duress.A prenup can be drawn up without consulting a solicitor, but this is not recommended. With UK courts under no obligation to take such an agreement into account, it is vital it is watertight. Therefore, a carefully constructed prenuptial agreement, drawn up with the assistance of a solicitor who specializes in prenups, is essential.

UK Prenups Given Green Light by Landmark Ruling

By: Tim Bishop

POST COMMENT

The most Popular Club TaylorMade R9 Max Driver Folding Tent: The Reliable Tool for Exhibitors Rome: The Seven Hills that Was Amway Distributors – Are You Dreaming Of Wild Success? Planning A Funeral Based On Certain Customs Рынок Горно-Шахтного Оборудования With GHD, I Will Be Crazy About Parties Luxurious Township in Baroda, Township Projects in Vadodara The Grand National Hero Maori Venture Discussion of Paternity Независимо Иследоваем И Разрабатываем Новые Продукты, Kajabi Platform What is Kajabi? Sing-a-ma-jig Toy Sets