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Pre-nups moving closer to home

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Pre-nups moving closer to home Empty Pre-nups moving closer to home

Post by GD Thu 21 Oct 2010, 8:41 pm

You might think Pre Nuptial agreements were reserved for the rich and the famous but they could become much more popular with couples in the Channel Islands.

A landmark case at the Supreme Court on Wednesday ruled the documents are legally enforceable in the UK.

That means people can protect their money and assets from their partner, if the marriage ends in divorce. And because the Channel Islands tend to follow UK case law, we could see pre-nups being applied more strictly on our shores.

There are concerns enforcing pre-nups will benefit the breadwinner, while penalising the stay at home partner. But lawyers say the courts are unlikely to apply them that rigidly.

Family Lawyer Rose Colley said: "This case still retains the ability of the court to say actually your contribution as a mother has been so great or there are children that need to be looked after, perhaps what was suggested by you in the agreement wasn't entirely fair because things have changed. So I can still see judges interpretting it in different ways."

But catholic leaders say pre-nuptial agreements simply undermine marriage. Catholic Dean Canon Nick France said: "I'm worried about it because marriage I believe is for life and it's a commitment. Secondly it's a presumption almost on divorce, as if I'm about to say, for better for worse, for richer or poorer, in sickness and in health until death do us part or we get divorced and you can have none of my money." (from CTV)

What do you think of Pre-nup agreements?
GD
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