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Prenuptial Agreements

Pre-Nuptial Agreements are increasingly popular in England. Alarmed by the unpredictable results in many divorce cases reported in the press, couples are trying to opt out by setting the terms of their divorce before they marry.

But will pre-nuptial agreements be used by the rich and powerful to limit their risks unfairly in marriage? And are such agreements usually followed by the divorce courts anyway?

When he married Katrin Radmacher, a wealthy German Industrialist's daughter, Nicolas Granatino (himself from a well off French family) was an Investment Banker in London. Mr Granatino later chose to turn his back on banking to pursue a career in scientific research with modest earnings. The couple's pre-nuptial agreement stated that neither party could claim financially from the other on divorce.

Three Court of Appeal Judges held that it was unrealistic for the courts to disregard pre-nuptial agreements and drastically cut the sum of over 5.5 million pounds which the High Court Judge had awarded Mr Granatino.

No one therefore should enter a pre-nuptial agreement lightly. Everyone needs professional advice on the claims they are giving up. Skilled professional drafting will increase the chance the agreement will be accepted by the divorce courts. Full disclosure of finances is seen as an essential safeguard and each person's assets and resources should be identified and scheduled to the agreement. We at Shortlands have a wealth of professional experience in guiding couples through the pitfalls of marital agreements.

We can work with accountants and business advisers to produce a robust agreement that will provide fairly for both sides and preserve what you have built up from being torn apart in a marital breakdown.

Call us to arrange an initial consultation on 020 822 3330 or e-mail info@shortlands.co.uk