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It is always very sad when a relationship comes to an end. We at Pearlmans pride ourselves in providing sound legal advice at the same time as lending a sympathetic/empathetic ear.
The breakdown of a relationship can lead to many complex issues such as separation, divorce, children contact or residence issues as well as financial issues.
With the recent introduction of the Civil Partnership Act same sex couples are able to register their partnerships and to enjoy the same rights as married couples upon the dissolution of the partnership. Although a new area of law, the principles are nevertheless well established.
At present prenuptial agreements are not legally enforceable although in certain circumstances the court may take them into account. However, they are recognised in many jurisdictions all over the world including EC countries - we must wait and see whether the Supreme Court in England will bring the UK into line with Europe on this. Generally we advise entering into a prenuptial agreement in cases where one party has assets that they wish to protect as well as for second marriages. Post nuptial agreements are also an increasingly popular way to avoid difficulties that many people can face on divorce.