Posted March 16th, 2012
An increasing number of people are contacting us regarding how to implement pre-nuptial and post nuptial financial planning. Against the context of high profile pre-nuptial cases, it should be always borne in mind that the family courts have extremely wide powers to distribute the finances and assets of divorcing couples as they see fit.
However, it is often the case that couples, or individuals, wish to attempt to exclude the courts powers and to protect and distribute their estates as they see fit.
Often such planning is undertaken in the context of the succession planning of assets or businesses, and not only is thought being given to what might happen on the breakdown of a marriage, but
also to the issues which may occur upon death.
It should be noted that any pre-nuptial agreement should be undertaken in relation to will planning, as any will you have drawn up becomes invalid upon marriage, or re-marriage.
Therefore in any situation such as this it is important to consider not only what the courts may do in the situation of divorce, but also on death. It is certainly true to say that courts are taking more note of post and pre-nuptial agreements, and I can only see that these will become more and more of a planning opportunity for families going forward.
If this is an issue that affects you please call in confidence on 0800 0921229 or email me at firstname.lastname@example.org