George Ide LLP’s experienced family lawyers in Chichester can advise on the necessity and suitability of arranging a pre-nuptial agreement or, for same-sex couples, a pre-civil partnership agreement.
More than ever, courts are likely to look favourably on a well-drawn up pre-nuptial agreement and when a relationship breaks down the document has the capacity to prevent much wrangling, and save time and money, especially if both parties are fully aware of the document’s ramifications upon signing.
In this respect the advice and guidance of a family law solicitor, one each for both parties who will sign the pre-nup or pre-cip, is essential.
In 2010 a Supreme Court ruling in the case of Radmacher V Granatino set legal precedent when the judges decided that the couple’s pre-nuptial agreement was enforceable and that “decisive weight” had to be given to the agreement’s provision that neither party would make a claim on the other spouse’s wealth should the relationship end in divorce.
Katrin Radmacher, a wealthy German industrial heiress, and her banker-turned-academic ex-husband, Nicolas Granatino, made considerable headlines when it was ruled that the terms of the divorce settlement should be determined in direct correlation with the pre-nup and Mr Granatino, who had been awarded £5.8million of his ex-wife’s reputed £100million fortune in an earlier court hearing, was granted £1million by the Supreme Court.
It was the first time that the terms of a pre-nuptial agreement had been so radically enforced under English and Welsh family law, and the ruling offered strong guidance to family lawyers that pre-nuptial and pre-civil partnership agreements would be upheld if their contents and setting up had been fair and correct.
In order to give a pre-civil partnership or pre-nuptial agreement the best chance of being accepted by a family court in England and Wales, the following criteria should be adhered to:
Each financial claim, whether on divorce or civil-partnership dissolution, will be judged on its own merits and there are, as yet, no hard and fast rules regarding who gets what in a financial settlement.
However, George Ide’s family law team can give you expert legal advice about drafting a suitable agreement and we are also able to represent spouses during a financial claim, whether as applicant or respondent.
If you would like to contact George Ide’s family lawyers in Chichester please click through to the staff profiles featured on this page, where you will find direct contact details and further information.