Prenuptial Agreements: A Practical Guide (Hammicks Legal Publishing)

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9781858116013: Prenuptial Agreements: A Practical Guide (Hammicks Legal Publishing)

Although the UK government attaches great weight to the importance of the family as a social unit, it has presently indicated no intention of reviewing the law in relation to asset division upon marriage breakdown. In Charman v Charman, the Court of Appeal took the unprecedented course of including a 20 paragraph postscript to its judgment headed "Changing the Law." This called for a review of the law, endorsing Lord Hope's speech in Miller, identifying the need for reform of Scottish law and saying that arguably the English statute is in equal need of modernization. The recent Crossley decision confirmed the trend. It therefore comes as no surprise that many prospective marriage partners in the UK are seeking professional advice as to what steps they may take in order to mitigate the uncertainties of the courts approach to asset division and to bring, if they can, a degree of certainty to their own circumstances if their relationship should break down. This book, intended for the practitioner, examines the prenuptial agreement, its origins, purposes, enforceability, and future uses. It contains practical advice as to best practice and gives guidance upon the appropriate form for prenuptial agreements.

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