Pre Nuptuals

Earlier this month a decision by the Court of Appeal brought the whole debate surrounding the validity to pre-nuptial agreements back into the spotlight. After years of uncertainty and inconsistency as to how Judges dealt with pre-nups (and with no recent guidance from Parliament), were such agreements accepted by the Courts or not? The good news is Judges hearing the appeal of Katrin Radmacher all believed such agreements should carry decisive weight when they were exercising the wide discretion "of fairness".

So where do pre-nups go from here?

• The first rule of thumb is an agreement may not be wholly accepted by a Judge but there is now a better chance.
• The second rule of thumb is it is far better to have a properly drafted agreement than no agreement at all.
• The final rule of thumb is if you believe a pre-nuptial agreement is required to protect your assets instruct Jones Myers LLP to ensure you get it right.

Post Nuptuals

The effects of relationship management, or lack of, continues to hold fascination not only for the public but also for those in legal circles. How often do we read in the newspapers these days that Star X and Star Y did or did not have a pre- or post-nuptial agreement? How often do commentators shake their heads at the folly of those with money to burn in ignoring that most sensible of investments: the pre- or post-nuptial contract?

Whether or not one considers such contracts to be appropriate, the stark reality is that more and more couples these days wish to find a way to "customise" legal and financial aspects of their relationship. Oddly enough, cohabiting couples presently appear to have far greater freedom than married couples to do so. Cohabitants are free to contract in any way they choose.

This has not been the case for married couples who, some would say, benefit from a very well-worked legal framework for a fair settlement of financial matters on the breakdown of a marriage. Those commentators would say that the beauty of the English regime lies in the wide discretion, which judges have in assessing what constitutes a "fair" settlement. For some, however, that discretion is at the very root of the problem. Some couples look for certainty.

Recent case law suggests that a post-nuptial contract may be the option of choice for those who consider that English law does not suit their particular circumstances.

A decision of the Privy Council, dealing with an appeal from a judgment issued on the Isle of Man has provided legal practitioners with the strongest indication yet that effect will be given to post-nuptial agreements in divorce proceedings. Post-nuptial agreements, by definition, are never created in a cloud of pre-marital excitement. They can only be entered into once the nuptial glow has, to some extent, subsided. They may be entered into years after the wedding by which time one or many children may have been born, circumstances may have changed and dreams may have altered.

That post-nuptial agreements are created with the benefit of experience appears to be what makes them particularly attractive to judges. It is likely that previously unforeseen circumstances will be taken into account by such documents. It is more likely that such documents will be considered "fair".

If you have a pre-nuptial agreement, consider whether it might be time for a review of that document. You and your partner may simply wish to affirm the terms of the earlier deed. Alternatively, there may be changes in your circumstances, which lead you to revise the agreement reached. Here at Jones Myers LLP, we'll be delighted to help.

Family Law Matters

This is a new, and highly successful, approach to resolving issues arising from separation. At the start of the process, clients and their family lawyers agree to resolve their issues and reach a settlement without going to court. Instead, the parties agree to work through family and financial difficulties together.

Each party appoints their own collaboratively trained lawyer at the outset. Here at Jones Myers we have two collaboratively trained lawyers, Richard Peaker and Fiona Kendall - both are committed and experts to this approach.

Clients, and their advisors, then embark on a series of meetings together. The purpose is to identify, address and resolve outstanding issues with the aim of mapping out a fair agreement. If required, other professionals may be invited to attend these meetings to provide assistance such as accountants or independent financial advisors.

Clients who have resolved issues with their partners using the collaborative process have found the benefits immense. People feel more control over their future and benefit from improved levels of communication with their partners. Agreements are reached quicker and more creatively than those imposed by the court process.

For more information concerning the collaborative family law process please contact Richard Peaker or Fiona Kendall or look at the West and North Yorkshire POD website at www.collabfamilylawyorks.co.uk.