Legal Updates

Pre-nups can ''ease the pain of divorce''

Date:  01 Aug 2008

Despite not yet being legally binding in the UK, a pre-nuptial agreement can help ease the pain of a divorce, it has been claimed.

Private equity expert Kevin Tooze, managing director of Equity Partners, says pre-nups are "growing in popularity" as the number of divorces increases.

He stated: "When things do go wrong you have already thought it through in the cold light of day, not in the anger of divorce.

“It can make the whole splitting and designating of assets simpler and less stressful."

Although he adds that pre-nups will not at present always be upheld by a judge - especially where there has been a significant change in circumstances of one partner since it was signed – an all-encompassing agreement is said to "simplify things".

In December 2007 the widely-reported Crossley v Crossley divorce case, where an asset distribution agreement had been made, Susan Crossley attempted to have it rendered invalid when £60 million worth of concealed assets belonging to her husband John emerged.

However, the judge rules in favour of the existing pre-nup, adding weight to the argument for statutory recognition of such waiver deals.

Andrew Hamilton our Senior Matrimonial Solicitor specialises in all aspects of Matrimonial and Family Matters

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