Just recently discussions have taken place in Britain regarding the legal standing of pre-nup agreements. Presently the contracts are not actually legally binding although they may be used in the divorce courts in order to argue a case.
In order for contracts to be upheld in court the couple involved would be required to show that they both received legal advice regarding the pre- nup before signing it. Pre nups that are deemed punishing or run the risk of leaving children in financial difficulties would also be unlikely to be deemed legally binding.
Information about the aims of the new law will be made available towards the end of the summer when the outcome of the case of Katrin Radmacher, a wealthy German heiress, is decided. Ms Radmacher and her estranged husband Mr Granatino both signed a pre- nup stating that they would not attempt to make any claims should they split up. Mr Granatino is now attempting to claim against her.
The 6 million was soon overturned and the case has now been taken to the Supreme Court. A decision on the case is expected before the end of the summer.
A final report will then be given along with a draft bill which will be looked over by the government. Around three quarters of law commission recommendations go on to become laws.
Not long ago pre-nups were thought of as a very America tradition and not looked upon in a favourable way by the British public. Recently, however, there has been a large increase in the amount of pre-nups being arranged.
Lawyers typically advise that when a pre-nup is created fairly it is more likely to be enforced by the courts. Presently the uncertainty as to whether they are enforceable legally is causing chaos and confusion to many people.
In order for contracts to be upheld in court the couple involved would be required to show that they both received legal advice regarding the pre- nup before signing it. Pre nups that are deemed punishing or run the risk of leaving children in financial difficulties would also be unlikely to be deemed legally binding.
Information about the aims of the new law will be made available towards the end of the summer when the outcome of the case of Katrin Radmacher, a wealthy German heiress, is decided. Ms Radmacher and her estranged husband Mr Granatino both signed a pre- nup stating that they would not attempt to make any claims should they split up. Mr Granatino is now attempting to claim against her.
The 6 million was soon overturned and the case has now been taken to the Supreme Court. A decision on the case is expected before the end of the summer.
A final report will then be given along with a draft bill which will be looked over by the government. Around three quarters of law commission recommendations go on to become laws.
Not long ago pre-nups were thought of as a very America tradition and not looked upon in a favourable way by the British public. Recently, however, there has been a large increase in the amount of pre-nups being arranged.
Lawyers typically advise that when a pre-nup is created fairly it is more likely to be enforced by the courts. Presently the uncertainty as to whether they are enforceable legally is causing chaos and confusion to many people.
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Working in the divorce courts can be interesting, jobs in family law law jobs are often very rewarding. A personal injury solicitor can also be a career path you may wish to consider.
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