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Pre-Nuptial Agreements and Asset Protection
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At a time when, arguably, the judiciary is becoming more progressive and increasingly the Courts are being influenced by European and US jurisprudence, clients may wish to consider the case for pre-nuptial agreements ("PNA").
Although the position remains that to the extent such an agreement seeks to exclude or limit the jurisdiction of the Court a PNA is not strictly enforceable, the latest case law suggests that a properly drafted PNA setting out the basis upon which the spouses' financial resources are to be divided following the breakdown of the marriage is likely to influence the thinking of the Court in determining how to redistribute assets and income fairly, particularly in cases where the marriage is of short duration and there are no children.
In our experience couples are increasingly interested in exploring the possibility of providing a framework for the division of their matrimonial property in the event of a divorce. We have the experience and expertise to advise in relation to the drafting of an appropriate PNA and, in the case of the international family, are able to liaise with specialist colleagues in other jurisdictions and thus provide comprehensive advice.
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