Need for proper Legal Advice prior to Pre-Nuptial agreements highlighted by Judge
The complex case touched on the interaction between divorce proceedings and insolvency law; the validity of a pre-nuptial gareement made five days before the wedding; allegations by the wife that the husband had hidden assets, and by the husband that the wife had failed to disclose assets; and other complex international issues.
A recent Family Law court case has highlighted the need for proper advice prior to signing a pre-nuptial agreement.
The case involved a husband and wife seeking financial remedy following divorce. Five days before the wedding in 2010, a pre-nuptial agreement was signed abroad with neither party taking legal advice before signing.
With regard to the pre-nuptial agreement, the Judge HHJ Booth determined: “[T]here is no value in the prenuptial agreement. There was no formal process of disclosure, there was no advice given to either party, other than by the notary who prepared the document and at five days before the ceremony.”
Nathaniel Groarke, partner at Irwin Mitchell, representing the husband together with solicitor Emma Bates, said: “There are many lessons to be learned from these proceedings, namely that proper legal advice is always recommended when it comes to documents like pre-nups, and that if one of the parties is bankrupt then they will still be able to get financial support in a divorce if needed.”
You can view the full case record here: S v H [2020] EWFC B16 (9 January 2020) The Family Law week article is also available by clicking HERE.