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professionals news
July 2009
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WelcomeYou wouldn’t get on a motorbike without a crash helmet to protect you would you? So why do people find it such a taboo subject to discuss a prenuptial agreement to protect them from severe injury if their marriage breaks down? Andrew Woolley |
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Popping the question: shall we get a pre-nup? |
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| Prenuptial agreements are still seen as the preserve of the rich and famous and carry a stigma that causes many ordinary people to turn up their nose at the mention of them. Romantic sceptics also point to the fact that they are not legally binding in the UK. However, a landmark ruling this month has paved the way for them to become law and so they are likely to feature much more commonly in divorce proceedings we are all involved in. The Court of Appeal ruled that the assets of Katrin Radmacher – a German paper industry heiress said to be worth £100 million – should be protected from her French ex-husband because of the prenuptial contract they signed before they married. An earlier court decision had awarded her ex-husband £5.8m of her £100m fortune despite their agreement. Such contracts are fully enforceable in Germany, where the couple's was signed, but not thus far in England, where they married. Previously, judges have regarded prenuptial agreements as “persuasive” and would take into consideration the contents if they were properly prepared with both parties having taken legal advice. This ruling though will now mean that courts will regard them as binding – unless there is a clear reason not to. Appeal judge Lord Justice Thorpe said he believed it had become "increasingly unrealistic" for courts to disregard prenuptial agreements. He said a "carefully fashioned contract" should be available as an alternative to the "stress, anxieties and expense" of going through the court. In a pre-nup, a couple sets out what they would like to happen to their assets in the event of a split further down the line. It means both can highlight areas where certain properties or possessions are theirs and suggest what they want to do with any joint assets. This can save a significant amount of time, money and arguing if they do split as they have already agreed what will happen to their assets like the house, bank accounts, pensions and business interests. If you are an IFA dealing with assets and pensions, an accountant advising family- owned businesses or a coach or counsellor dealing with the practical or emotional aspects of relationship breakdown, it is important to advise clients that pre-nups are an option and should be considered in the future, along with a living together agreement if they do not plan to get married, or post-nup if their financial situation changes dramatically. The judgement this month said a main plank of its reasoning was that men and women who have already been through one divorce should have the chance to preserve their separate wealth for the sake of children of their first marriages. This is a definite turning of the tide and any clients who suggest that a pre-nup is not worth the paper it is written should perhaps be advised of the change in outlook. Woolley & Co offers impartial advice on pre-nups and can complete the appropriate documents for clients. For more information, contact 0800 321 3832. |
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Professional in Focus: Neil Marshman, Marshman Price |
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When businesses go through financial difficulties, insolvency practitioners aren’t just there to wind things up. If they are called in at the right time, as experts they can help a venture to recover and keep things going. |
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Family law in the news |
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Money worries will help cut divorce rateMoney worries among married couples are likely to cause a drop in UK divorce rates, according to a survey of 70 of Britain's top divorce lawyers, reports the Independent. Does working long hours really safeguard marriages?New research in Australia is suggesting that long work hours could be good for a couple’s marriage. |
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Woolley & Co in the news |
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Glorious grandchildrenWoolley & Co has teamed up with leading website www.gloriousgrandchildren.co.uk to offer legal advice to site visitors. Divorce myths dispelledWoolley & Co is in the process of publishing its third book in as many years. |
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