"Nuptial agreements in England & Wales provide an opportunity for couples to set out in a bespoke way how they think it would be fair to divide their marital assets and non-marital assets in the context of a future divorce or dissolution. They are primarily focused upon what happens in the event of a separation but are not binding upon the courts in a divorce. Such uncertainty may be unfamiliar to lawyers in civil law jurisdictions where the election of a marital property regime or the application of a default regime can provide an element of clarity in respect of the treatment of finances both during a marriage and on divorce, without the need for bespoke drafting. The below summarises how the English family courts treat both English nuptial agreements and marital property regimes upon divorce/dissolution."
Russell-Cooke partner Hannah Minty appears in the Lexunion Newsletter to explore the treatment of English nuptial agreements and marital property regimes in England and Wales.
A full pdf of the article is available here.
Hannah is a partner in the family team at Russell-Cooke. She advises clients from all backgrounds on divorce and financial matters, jurisdictional disputes, prenuptial and postnuptial agreements, property disputes between cohabitees, and financial claims on behalf of children following the breakdown of relationships between unmarried couples.