This seems a clear indication that the courts will up-hold Prenuptial agreements
, although of course each case is dealt with on its own particular facts.
But that right could be signed away in a prenuptial agreement
Indeed, when questioned regarding his knowledge of the primary issue in the case, the prenuptial agreement
, he vaguely offered: "I think he[Mr.
8220;Requesting a prenuptial agreement
might be a romance killer following the excitement of an engagement, but couples forget that marriage is a legally binding contract when it comes to division of wealth, and sadly, not all marriages last a lifetime, even if entered into with the best of intentions.
After the divorce case of wealthy heiress Katrin Radmacher last October, which saw the Supreme Court back the enforceability of prenuptial agreements
, the Law Commission has announced it is carrying out a consultation, with the possibility of making pre-nups legally binding.
While it may be a smart option, McGeachie thinks that discussions about prenuptial agreements
are a fast way to kill a romance.
A prenuptial agreement
has the advantage of including schedules of the property that each person brings to the relationship and thus there is certainty about that issue.
Situations that exist, in which prenuptial agreement
should be considered, include the following:
Stock in a family business owned by one spouse is marital property, and absent a valid prenuptial agreement
would technically be subject to division under New Hampshire's statutes.
1972), the Florida Supreme Court upheld a prenuptial agreement
containing spousal support provisions which had previously been deemed void as against public policy.
For the first case, a prenuptial agreement
would have had the spouse waive all of her assets and had she contested the will, as Anna Nicole Smith is doing, there would be no assets.
And it is warning anyone involved in a holiday romance fired by sun, sea and sex against the notion of a quick marriage without a prenuptial agreement
to protect their assets.