Pre-nuptial agreements 'are becoming more watertight'
24 Aug 2010
Although they are not officially binding in UK courts yet, it may
still be worth seeking
family
law solicitors in London to have a pre-nuptial agreement drawn
up.
This is the opinion of family law expert Jill Goldman, who told
MoneyWise.co.uk that as long as the documents are not outlandish
and have been properly written, they should be taken into account
by the courts in case of divorce.
"It is a statement of intent. They can be overturned and a judge
might throw out some of the clauses, but they are becoming more
watertight," she commented.
Where no pre-nuptial agreement is in place, anything owned at the
time of the divorce is split equally when assets are being divided
up, no matter whose name they are in and who contributed the most
to them.
In order to ensure a pre-nup has the best chance of standing up in
court, each party has to take independent advice - perhaps from
family law solicitors in London - at least three weeks before the
wedding.
Ms Goldman said it may be wise to opt for a one-off divorce
settlement rather than ongoing maintenance payouts.
Earlier this month, it was claimed by the Sun that singer Robbie
Williams had signed a pre-nup ahead of his wedding to Ayda
Field.
Should a Law Commission review be approved by the government,
pre-nups may soon become legally binding in the UK in the same way
that they are in the US.
The organisation said this could prevent the "financial carnage"
that can occur in some big-money divorce cases.