28thFeb 2014
For better or for worse?
Law firm Hart Brown comments on the recently announced proposals by The Law Commission on pre and post-nuptial agreements
The Law Commission has recommended the use of pre and post-nuptial agreements. More than this, they have proposed a change in the law that, subject to strict qualifications, the agreements be considered binding on both parties by the court, with the hope that this will allow couples to agree how they wish their property and finances to be divided on separation.
Presently, married couples and civil partners can enter into these agreements. However, whilst the family courts automatically consider the agreement within the overall circumstances, they are under no obligation to uphold them should the relationship break down.
The Law Commission has proposed conditions which would need to be met in order that marital agreements are binding of both parties. These largely reflect those already followed in cases, to include:
Independent legal advice must have been obtained by both partners.
Financial disclosure must have been exchanged by both partners.
In the case of pre-nuptial agreements, these must be made at least 28 days before the wedding or civil ceremony.
Sharon Powell, specialist family lawyer at Hart Brown explains that "anything that promotes agreement between spouses (or civil partners) can only be of benefit to them and, furthermore, it should allow them to have an element of control over the outcome of their separation".
The Law Commission's proposals will now be considered by the government.
END
About Hart Brown
Hart Brown, a leading law firm with offices throughout Surrey and in London, has been offering a full range of legal and financial investment services to businesses and individuals for the past 90 years. With 15 partners, more than 110 staff, six offices and a reputation for delivering high quality service, Hart Brown is committed to building long-term relationships with its clients.
In particular, the firm puts great emphasis on regular communication with clients, as well as the need for efficiency and value for money in order to deliver a high-quality service. Hart Brown currently operates from offices located in Cobham, Cranleigh, Godalming, Guildford, Wimbledon Village and Woking. For more information please visit www.hartbrown.co.uk
Press Contact:
Alison Scarrott at Chazbrooks Communications
Tel: +44 (0) 1483 537890 Email:alisons@chazb.com
Hart Brown Contact:
Rebecca White, Hart Brown
Tel: +44 (0)1483 887766 Email:rjw@hartbrown.co.ukwww.http://www.hartbrown.co.uk