Pre Nuptial Agreements- What To Ask Your Lawyer.

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Just recently discussions have taken place in Britain regarding the legal standing of pre-nup agreements. Presently the contracts are not actually legally binding although they may be used in the divorce courts in order to argue a case.

For pre-nups to stand up in court the couple are required to be able to prove that they each received legal advice regarding the pre-nup before agreeing to anything. Pre-nups that the court deems punishing or unfair will be less likely to have any bearing on court proceedings. The financial security of children is also something that the court will be considering when looking at any pre-nup agreements.

The details of what is to be included in the new laws will be published by the end of the summer following the result of the case of Katrin Radmacher. Radmacher, a German heiress signed a pre-nup with husband Mr Granatino stating that in the event of a split neither of them would make a claim against the other. Mr Granatino has since gone back on this and was originally awarded 6 million of her 100 million fortune.

Originally the high court awarded him with 6 million pounds although it was later overturned on appeal. A decision from the Supreme Court is expected before the end of summer.

A draft bill and final report surrounding the proposed changes to the law is to be presented to the government. Statistically three quarters of law commission recommendations now go on to become law.

Pre-nups were once considered a very American tradition and frowned upon by British society although recently there has been a big increase in the amount being signed and discussed in the UK.

Legal teams advise that pre-nups can be looked upon favourably in court if they appear to be very fair and both parties are happy with them. At this moment in time the problem of whether they are legally enforceable is a concern to many.

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