Nuptial Agreements - Beyond the Basics

Introduction

This virtual classroom seminar is designed for experienced practitioners who need to understand the impact of pre and post nuptial agreements including international agreements on applications for financial remedy in England and Wales. This will cover the impact on Part III MFPA 1984 applications as well as those under s25 MCA 1973.

The live session does not cover how to draft such agreements but rather will enable you to gain confidence in advising as to the relevance or not of pre or post nuptial agreements including overseas agreements.

What You Will Learn

This live and interactive course will cover the following:

• What is a nuptial agreement?
• Is there a difference between pre-nuptial agreements and post nuptial agreements?
• Overseas agreements and matrimonial regimes - separation of assets, sharing of assets and the relevance or not of pre-marital assets
• Law Commission 2014 report on Matrimonial Property, Needs and Agreements
• Pre-nuptial agreements - the basic requirements in England and Wales - what does this mean in practice and is this relevant to overseas PNA?
• Can the jurisdiction of the English court be ousted by a PNA in relation to MCA 1973 or Part III MFPA 1984? - Zimina v Zimin
• Procedure for dealing with a nuptial agreement on receipt of a Form A?
• Caselaw - Radmacher and further recent decisions including CMX v EJX
• Post nuptial agreements - Edgar v Edgar, Xydhias v Xydhias
• Impact of vitiating factors? Coercion - Traharne v Limb? Non-disclosure - Cummings v Fawn [2023]?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.