Subjects:

Family Law

Contents:

Contents include:

Case Digest

Chapter 1 Introduction to the Prenuptial Agreements

Chapter 2 Analysis of Case Law to date

Chapter 3 The Courts’

Current Approach to Prenuptial Agreements

Chapter 4 Trying to Make a Prenuptial Agreement Enforceable

Chapter 5 Drafting the Prenuptial: Achieving Enforceability

Chapter 6 Precedents

Atthough the government attaches great weight to the importance of the family as a social unit it has indicated it has no present intention of reviewing the law in relation to asset division on marriage breakdown.

In Charman v Charman the Court of Appeal, in a judgment of the court, took the unprecedented course of including a 20 paragraph postscript to its judgment headed “Changing the Law.” This calls for a review of the law, endorsing Lord Hope’s speech in Miller identifying the need for reform of Scottish law and saying that arguably the English statute is in equal need of modernization.

It therefore comes as no surprise that many prospective marriage partners are seeking professional advice as to what steps they may take in order to mitigate the uncertainties of the courts approach to asset division and to bring, if they can, a degree of certainty to their own circumstances if their relationship should break down.

This book, intended for the practitioner, examines the prenuptial agreement, its origins, purposes, enforceability and future uses. It contains practical advice as to best practice and gives guidance upon the appropriate form for prenuptial agreements.