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Prenuptial agreements | Marital agreements | Separation agreements | Children agreements | Sharia compliant agreements

Where the parties can cooperate to achieve a negotiated settlement, there is likely to be a considerable saving in legal expenses as compared with a contentious litigated approach. Negotiations can take place between the parties directly, in mediation, or though lawyers. For negotiations to be meaningful, the parties should take bespoke advice on what the likely range of outcomes could be based on the facts of their case. The answer will depend on whether negotiations are taking place against the framework of English law, or local law. Our lawyers will advise you on the law that will apply to your matter, and give you a range of options for settlement. Most importantly, our lawyers will ensure that the agreement reached is enforceable in the jurisdiction in which you live and foreseeably will live in the future.

Avoid future disputes

We have considerable experience preparing pre-nuptial agreements within the framework of English law. In the event of a divorce the English courts in particular have a very wide power to reallocate assets regardless of the legal ownership of those assets and who bought them to the marriage. Assets acquired before the marriage, or gifted to or inherited by one party are vulnerable in the event of divorce. Accordingly, a prenuptial agreement could be described as a method by which the parties agree to limit the court’s wide discretion.

The weight to be afforded to a prenuptial agreement will be greatly affected by the form of the agreement and the manner in which it is negotiated and executed. For example, both parties should take independent legal advice, they should each provide full and frank financial disclosure and the agreement should not be entered into fewer than 21 days prior to the marriage.

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Divorce and Family Law

See the links below for more information on Expatriate Law’s expertise in divorce and family law:

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