Pre-Nuptial Agreements & Asset Protection
"Payne Hicks Beach are arguably the strongest family law firm in the country, providing enviable strength in depth in both financial and private children law areas" Chambers UK
"The best legal team money can buy. Unbelievably thorough, first-class litigators, highly respected in the field. Supremely well connected internationally and ideally placed to help in cases involving multi-jurisdictional issues"The Legal 500 UK
We are experts in the negotiation and preparation of pre-nuptial agreements (“PNAs”). Strictly speaking, PNAs remain unenforceable as a matter of English Law. However, since the landmark case of Radmacher v Granatino in 2010 the case law demonstrates that, if properly drafted, the courts will uphold such agreements. We find that increasingly individuals wish to exercise their autonomy to provide for the financial outcome in the event of their separation rather than leaving this to be determined by a Judge.
There are many reasons why individuals may wish to enter into a PNA. It may be to protect inherited wealth or family wealth that is designed to be passed down through generations. It may be to protect business interests or trust interests. It may be for the financially weaker party to secure an outcome they would feel they would be comfortable with and protected by. The English courts have a very broad discretion when dealing with the division of assets on divorce and a PNA can provide you with certainty and comfort as to the outcome and potentially avoid significant legal costs in the event of contested proceedings.
Our team can guide you through the process of negotiating and drafting a bespoke PNA that meets your individual circumstances. We advise that you give thought to the terms of a PNA well in advance of a wedding ceremony leaving you with peace of mind and the ability to focus upon the celebration of marriage. We act for both domestic and international clients who wish to protect their assets whilst entering into marriage. We offer complete discretion and confidentiality throughout the process and if your circumstances have an international element we can work with our extensive contacts in other jurisdictions.
We understand that the need to protect family assets may require the involvement of other disciplines and we can work with our partners in our tax and trusts teams to provide you with advice where necessary.
We understand that the concept of a PNA may be difficult to discuss with your partner but in the long run it can reduce the stress and legal costs involved if you were to separate. Our team can discuss every aspect of the process with you and negotiate on your behalf. Our team recognise the need for negotiations to be focused, constructive and handled sensitively and can guide you every step of the way.
PRACTITIONERS IN THIS FIELD
AWARDS AND ACCREDITATIONS
LEGAL 500 UK
TOP TIER FAMILY LAW FIRM