C&C Family Law

Lord Wilson signalled his support for increasing the importance of pre-nuptial contracts, suggesting that couples should be allowed to fairly and properly agree what should happen if they split up in the future without the risk of the court interfering. He felt it was patronising not to give couples this authority over their own assets.  [ Read More ]

The Law Commission has published its report Matrimonial Property Needs and Agreements.  The report recommends that ‘qualifying nuptial agreements’ should be enforceable. Under the current law, couples can make pre- and post-nuptial agreements. The courts may follow these agreements (and often will when they are properly prepared and reviewed) but they do not bind the  [ Read More ]

Although prenuptial and pre partnership agreements are not binding under English law, the courts don’t ignore their existence. A well prepared agreement should have a significant effect in any divorce or dissolution; a decent agreement would be one of the circumstances which the court must take into account in achieving fairness between you. So, if  [ Read More ]