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Pre-nuptial agreements are not generally enforced in the English divorce courts. A divorce lawyer is often asked about the possibility of making a pre-nuptial agreement before entering into a marriage. The normal reason for asking is that at least one of the parties to the intended marriage wishes to preserve previously acquired assets from the jurisdiction of the divorce courts. Previously most judicial decisions did not favour prenups on grounds of public policy. But this is now changing and most Family Law specialists now believe prenuptial agreements will become fully legally binding in the UK after the recent spate of high-profile divorce cases that supported prenups, and others that raised the amount that high earners have to pay to their former spouses. For further information www.prenuptialagreements.co.uk A Gay Pre nuptial agreement is more likely to be adhered to by the courts as the civil partnership is borne entirely out of statute and has no common law jurisprudence. A pre-partnership agreement allows couples a degree of self-regulation over their own financial affairs without necessarily involving the state in the unfortunate event of dissolution, and this can be of enormous value in obviating the need for expensive, protracted and unpleasant disputes, since the parties will already have agreed on the distribution of their assets. This is of particular interest where there is an inequality of wealth going into the civil partnership, but of course the agreement must ensure fairness if the parties expect a court to enforce their private financial arrangements. For more information www.gayprenups.com and www.lesbianprenups.com . |
