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Prenuptial Agreements Reach Turning Point in UK by Tim Bishop
Currently, English courts are not legally obliged to recognise and act on prenuptial agreements. However, a recent landmark case,[link widoczny dla zalogowanych], handled by a London supreme court,[link widoczny dla zalogowanych], means that couples planning to marry should seriously consider them.
The case saw German heiress Katrin Radmacher safeguarding the 100 million inheritance she was due to inherit from her father, from former husband, the French-born Nicolas Granatino.
The case was important because under English Law, where the prenuptial agreement (also known as a prenup) would not have normally been taken into consideration, as a former spouse was able to protect her assets from the clutches of her husband. This was all related to a prenuptial agreement that had been made over 10 years previously.
The UK court would have paid little attention to the fact that the agreement between Granatino and Radmacher would have been accepted by the courts in their countries of birth. However,[link widoczny dla zalogowanych], by deciding to take the prenup into account it gave the signal that such agreements in this country may now have some bearing on decisions taken by UK divorce courts. However, it must be fully understood that as far as the UK is concerned, our courts are still under no obligation at all to recognise such an agreement.
Arguably, that has left the concept of the prenuptial agreement in some kind of a legal limbo as far as the United Kingdom is concerned. But now that the country's top court has ruled that they can be taken into consideration, British couples contemplating marriage should most certainly consider them. This means that couples should make sure that their prenuptial agreement is drafted in such a way that the courts are more likely to take it into consideration.
If a couple is considering making a prenuptial agreement, there are two important things they should know. The first thing to know is that the courts are less likely to pay attention to a prenup if the marriage has not lasted long. Secondly, it must be drawn up no later than 21 days before the date of the wedding. This is to ensure that no accusation can be made claiming that it was signed while one of the spouses-to-be was under duress.
While the prenup can made without the aid of a solicitor this is inadvisable. With UK courts under no obligation to take such an agreement into account, it is vital it is watertight. Therefore, a carefully constructed prenuptial agreement,[link widoczny dla zalogowanych], drawn up with the assistance of a solicitor who specializes in prenups, is essential.
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