A Practical Guide to Pre-Nuptial and Post-Nuptial Agreements

This concise, practical guide about nuptial agreements is intended to be the go-to text for financial remedy practitioners. It provides a clear explanation of the applicable legal principles involved in drafting and implementing the terms of pre-nuptial or post-nuptial agreements (and their civil partnership equivalents) and provides insightful tips on avoiding common pitfalls. It will also be an essential reference for those faced with an agreement that one party seeks to depart from, with straightforward and practical considerations for clients on both sides. Recent case law and procedural developments are carefully analysed, making this an authoritative and user-friendly reference book.

ABOUT THE AUTHOR

Nicola Frost is a specialist family law barrister at 3PB Barristers. She advises and represents clients in all areas of family finance, including disputes between cohabitants, division of assets upon divorce or dissolution and financial arrangements for children. Nicola has a particular interest and specialist expertise in the area of pre-nuptial and post-nuptial agreements. She is recommended in the Legal 500 as a leading junior barrister in divorce and financial remedy cases. She has been described by judges as ‘tenacious’ and her written work is often commended. Clients appreciate Nicola’s ‘no stone unturned’ approach to cases and for dealing with them with sensitivity and compassion.

CONTENTS

Chapter One – Nuptial Agreements
Chapter Two – The Court’s Discretionary Exercise
Chapter Three – Before Radmacher
Chapter Four – Radmacher v Granatino
Chapter Five – Courts in Recent Years I: The Court of Appeal
Chapter Six – Courts in Recent Years II: The High Court
Chapter Seven – Draft Nuptial Agreements Bill
Chapter Eight – Creating a ‘Fair’ Agreement
Chapter Nine – Drafting and Review
Chapter Ten – Advising at Separation