'Feeling confident about the future'

What was the case?

Anne Thomson, Partner and Head of the Family Department, acted for a client in relation to the creation of a pre-nuptial agreement. A number of years ago Anne's client had sadly gone through a very difficult divorce during which they faced losing their family farm which had been passed through generations. Therefore on this occasion, years later, the client was keen to remarry but this previous experience made the client very anxious about the legal implications of marriage. In particular, our client wanted to guarantee the family farm could be protected, and passed on to the children from the first marriage.

How did we help?

Anne discussed in great detail with her client the procedure of making a pre-nuptial agreement and explained that the UK law allows you to make pre-nuptial agreements which will remove the other party's ability to later make an application to the court of financial relief. The courts still have absolute discretion to make decisions about the appropriate financial order but following a Supreme Court decision in 2010 the courts will now recognise pre-nuptial agreements.

Anne’s client and partner agreed they both wanted to draw up a pre-nuptial agreement. The client’s partner took their own legal advice and they both disclosed their assets and income to one another. They were quickly able to agree that they would each retain the assets which they were bringing into the marriage should they later divorce.

Anne drafted a comprehensive agreement which each party signed prior to their marriage.

What was the outcome for our client?

Our client and partner were able to start their married life knowing that they had been open with one another and feeling confident about the future, having ensured that what was important to each of them had been appropriately protected for the future.

Please contact Anne Thomson in our Family Department should you have any queries on the above.

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