Prenuptial agreements are the hot topic at the moment following the court’s decision in the case of Radmacher v Granatino.
Prenuptial agreements and clean break orders often overlap.
When couples are entering into a marriage, one party may well want to be reassured that if the marriage ends in divorce that she or he will not face an obligation to provide maintenance for many years after that divorce.
Prenuptial agreements therefore often contain clauses that the husband and wife will live separate and apart from one another without making claims for ongoing financial provision.
If you are looking for a clean break order, whether on a prenuptial basis, or as part of your existing divorce, then it is important that any agreement and supporting documentation is properly prepared and drafted.
It is also crucial, when the divorce is going through, that you have the clean break order approved and sealed by the court. You should not accept that just because you and your spouse currently agree not to make any claims against each other, that that level of agreement will last forever.
The recent case of Radmacher v Granatino reminds us that the court still has the last say in approving and finalising the agreements that a husband and wife make between them.
If the court has not sealed an order then it will remain open to either party to apply to the court at any time in the future, provided that they have not already remarried.
If you need help in preparing a clean break or prenuptial agreement then contact the Mogers family team in Bath and ask to speak to one of our family solicitors.
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