There have been many reports in the English press this week, that England is finally going to legalize prenuptial agreements as the Matrimonial Property, Needs and Agreements paper is due be presented to Justice Secretary Chris Grayling together with detailed recommendations for legislation to go before Parliament.
The news comes as Family Law Week enforced on 2 February 2014 a prenuptial agreement between an international couple who had been married for just 15 months. The wife was seeking to challenge the agreement, and asked for maintenance pending suit and child support, however the Court decided after a careful consideration of the agreement, that each of those requests were amply covered in the agreement, and therefore it would stand.
This ruling gives added weight of the stance now being adopted by English courts, as previously English courts have traditionally ignored prenup agreements, with judges instead trying to divide a couple’s assets on the merits of each case.
The benefit of a prenuptial agreement is that it provides peace and mind in the event of a split as to who will retain what chattels and possessions, and as we reported only recently, pets can also be included in the agreement.
In the case we refer to above, although they were an international couple which can sometimes raise jurisdictional problems and issues, the wife was able to sue her former husband in the English courts on the basis of both of the parties’ habitual residence in the UK in September 2013.
International marriages are very common in Thailand, and something we see often as Thailand lawyers. Under a Thai prenuptial agreement, you may be able to specify the properties involved and separate them into two categories joint property and individual property. You can also specify how finances will be managed during the marriage.
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