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Lawry
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My Dad is getting married soon. Advice on Pre nup London

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My Dad is getting married soon. Advice on Pre nup London property
JA: What steps has your father taken? Has he filed any papers in family court?
Customer: No
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your father live in?
Customer: London
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My Dad has London property which he is going to sell by 11th June 2021. Money going to be transferred to son. He has a Peterborough property. His future wife has Luton property. She wants to do Prenup agreement in order to protect both parties assets. She wants to get married before 11 June. Will there be any problem if there is a divorce? Is Prenup enforceable in court?

Hi,

My name is ***** ***** I will try and help you today.

Congratulations to your Dad.

In this country Prenuptial Agreements are not binding on the courts.

In the unfortunate event of a divorce you cannot fetter the court's jurisdiction under Section 25 of the Matrimonial Causes Act 1973.

However, although not binding the court will generally follow a pre-nup if it is reasonable and fair to both parties and both parties have had the time to consider it and have each received independent legal advice as to its terms.

Normally it would be expected the parties have more time to consider the agreement as June 11th is quite soon.

It is imperative that you Dad takes legal advice on the agreement and if you do not have a solicitor he should call the Law Society on 0207(###) ###-####who can recommend local firms who can help.

Customer: replied 10 days ago.
My Dad had advice today at Nasim & Co Solicitors by. He was told there wouldn’t be any issue. As property wasn’t made after marriage. Prenup will be enforceable

Very good.

It is generally enforceable if reasonable just not fully binding on the courts but very unlikely to be disregarded.

Prenuptial agreements (PNAs) are not formally binding in England and Wales but are regarded by courts as persuasive and often decisive in many applications for financial relief following the breakdown of a marriage.

Whether or not the PNA will be upheld in court, will depend on the court’s view having regard to a number of factors. If done properly, you can expect the agreement to be fully taken into account and it’s terms upheld.

Since the landmark Supreme Court decision in Radmacher v Granatino 2010 [2010] UKSC 42 the use of PNAs in the UK has grown rapidly. In Radmacher, the court said:-

“The court should give effect to a nuptial agreement [PNA] that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement”.

In order to persuade the court to uphold the agreement, the following should be dealt with:-

a. The Agreement must enable the parties and children to meet their needs and it must be fair. This is perhaps the main and most important clause. If the agreement does not enable the parties and children to meet their needs following a divorce, then the court are highly unlikely to uphold the agreement, even if all of the other formalities have been met.

b. Parties must sign of their own free will. The parties must enter into the agreement of their own free will and there must not be any undue influence or duress to sign the document.

c. Timing. Along with there being no duress, it is also essential that both parties have sufficient time to consider the terms of the document. A PNA should be signed at least 28 days prior to the wedding. If you are contemplating a PNA, It is therefore good that your Dad is seeing someone today.

d. Financial disclosure. Both parties will need to provide full disclosure of all of their financial circumstances before the agreement is signed.

e. Legal Advice. Whilst this is not mandatory, it is highly advisable that both parties should take legal advice at the time agreement is drafted and sign a declaration confirming that they fully understand the document and its implications.

f. Contractual validity. The agreement must be capable of being enforced as a contract.

g. Execution. The agreement must be executed as a Deed.

In the circumstances, your Dad should progress with it and it should be fine.

Best of luck!

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