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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

Presented by

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].


International considerations

- 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.]


Limiting liability

- 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.]

Upholding agreements:

- 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


1 hour






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