QEB has a wealth of experience in Pre-Nuptial Agreements and other forms of formal written agreement prepared in the event of relationship breakdown. We often advise in cases involving an international dimension and/or issues relating to jurisdiction.
Pre-Nuptial Agreements or “Pre-Nups” (encompassing also Post-Nuptial Agreements, separation agreements, cohabitation agreements, and Pre- or Post-Civil Partnership Agreements, known as “Pre Cips/Post-Cips”) are formal written agreements by which people increasingly choose to regulate formally their personal relationships and the pre-agreed financial consequences in case of relationship-breakdown, so as to minimise (and hopefully avoid) future disputes.
QEB barristers of all levels of seniority undertake this work, as required, whether advising on the different types of proposed agreement as appropriate, and/or drafting the required agreement and/or ‘settling’/polishing/finalising drafts produced by others; and then also negotiating the final text, if required, with the other party’s advisers.
In addition to our experience in ‘domestic’ or local cases throughout England and Wales, QEB has particular experience in drafting and advising on international Pre-Nups (in the extended definition above), whether for parties of different nationality or for use in cross-border or potentially multi-jurisdictional situations, or both, as frequently happens. This regularly involves cross-border consultations also with foreign lawyers in the relevant foreign jurisdiction. In this connection too, QEB prides itself on the number of languages which we offer, to professional level, in order to assist our clients.
If there is an argument subsequently as to whether a Pre-Nup should be upheld by an English or Welsh Court, QEB barristers are adept at arguing for or against the proposition (depending on their client’s instructions) and are frequently called upon to do so. This is an area of our particular expertise and familiarity, again including, if applicable, the international dimension which is so much a part of our practice as a whole.
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