Pre-Nuptial and Cohabitation Agreements

Historically, in England and Wales the courts considered them to be contrary to public policy, because they sought to fetter the court's discretion. However, more recently the courts have relaxed their objection to pre-nuptial agreements and have been prepared, in appropriate circumstances, to take account of their terms, together with the checklist of considerations in Matrimonial Causes Act 1973, s 25. Furthermore, in the aftermath of leading cases such as White and Miller & McFarlane, many high net worth spouses are keen to minimise the share to which their ex-spouse might be entitled in the event of divorce, and are therefore increasingly using pre-nuptial agreements. In Charman, the President of the Family Division raised the question whether parties to a marriage should have the opportunity to order their own affairs by a pre-nuptial agreement. Pre-Nuptial and Cohabitation Agreements provides the practitioner with comprehensive practical guidance on the law relating to such agreements, and upon their effectiveness, and the relevant case-law, when they are relied upon in subsequent ancillary relief proceedings. There are practical step-by-step drafting guides and a discussion of the pitfalls that advisers must attempt to avoid. An innovative addition to the book is a consideration of how pre-nuptial agreements are analysed in practice in certain foreign jurisdictions. Up-to-date descriptions of the position in the United States, Russia, and some European jurisdictions are included. As pre-nuptial agreements come to the fore in England and Wales, foreign experience will be all the more invaluable.