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Nuptial Agreements and future-proofing
- Tips and traps in an evolving landscape
27th November, 3-4pm, Broadcast Live and available on demand
Byron James, Expatriat Law,
Peter Newman, 1 KBW
and Jamie Gaw, Forsters
- What level of disclosure is required by the parties? [Including, how should disclosure be approached if there are asset bases which involve third parties e.g. trustees or company directors? When should expert reports be obtained?]
Drafting for the future
- To what extent should an agreement attempt to “crystal-ball gaze”? [Including: dealing with unrealised assets such as inheritance; changes in circumstances – birth of children, length of marriage, change in lifestyle; catastrophic financial collapse; changes in the law; review clauses].
- What approach should be taken if the parties have a connection with other jurisdictions? [Including: Is it advisable to obtain mirror agreements in all jurisdictions with which the parties have a connection?; use of jurisdiction/ arbitration clauses.]
- What steps can be taken to limit exposure to professional negligence claims in the future? [Including e.g. paring down legal certificate, limiting liability in retainer letter, instructing Counsel, use of disclaimer letters.]
- What is the approach post-Radmacher?
- The relevance of the s.25 analysis
Departing from agreements:
- Vitiating agreements altogether (fraud, undue influence, misrepresentation);
- Reducing the weight to be attached within the s.25 analysis
- pressure/emotions/power imbalance
- timing of the agreement
- ‘real’ needs not being met
- Non-disclosure (post-Sharland and Goyal)
- Failure to review the agreement;
- If the agreement does not have decisive weight, how will it feature in the s.25 analysis?
- Is it a standard financial remedy application procedurally?
- Crossley v Crossley case management - when is it appropriate?
- Preliminary issue OR subsumed with the final hearing?
- Non-disclosure may not be apparent until a final hearing;
- ‘Needs’ will not be known until a final hearing.
- Key things to plead in evidence.
CPD = 1 hours
Watching this webinar will help solicitors meet the following requirements set out in the Statement of Solicitor Competence
A2 - Maintain competence and legal knowledge
A4 - Draw on detailed knowledge/understanding