The recent case of S v H [2020] re-enforces Geldards advice that pre-nuptial agreements signed close to the marriage without a proper process of disclosure and advice are likely to be disregarded by the Court.

HHJ Booth’s decision is a sharp reminder to client’s that short cutting the process of preparing, negotiating and drafting these documents can be very expensive indeed should client’s divorce later on down the line.

This recent case endorses our advice that it is essential to properly prepare pre-nuptial agreements.The documents must be freely entered into by each party with a full appreciation of its implications.

An agreement entered into on the eve of a wedding can sometimes be tainted by real or perceived pressure caused by the imminence of a ceremony. Nuptial agreements must be drafted in plenty of time for each party to full appreciate the terms.

Clients must be mindful that cutting corners in the preparation of these documents which can be extremely expensive on any subsequent relationship breakdown.

If any further advice is needed contact Claire Dean.

 RELATED:   FAMILY TEAM


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Content Contacts

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Fiona Apthorpe

FIONA APTHORPE

Partner, Derby

+44 (0)1332 254 124
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Claire Dean

CLAIRE DEAN

Partner, Derby

+44 (0)1332 378 372
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