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Zahra Pabani
Zahra Pabani
Partner - Family Law
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Mishcon de Reya launches pre-nuptial agreement insurance
Date:14 JUL 2011

Pre-nuptial agreementMishcon de Reya, in partnership with the Legal Expenses Insurer ARAG plc, and Lansdown Insurance Brokers of Cheltenham, has today launched Protect Pre-Nup, an insurance product that provides cover for legal costs if a spouse challenges a previously agreed pre-nuptial agreement - the first of its kind in the UK.

As the law stands, pre-nuptial agreements can only be considered binding with court approval; any challenge to a pre-nuptial agreement has to be decided by a Judge. The Law Commission is currently consulting on whether to make pre-nuptial agreements fully binding. 

Mishcon de Reya recognised that until the Law Commission publishes its recommendations, uncertainty in this area will continue to raise concerns for individual who wish to preserve generational and personal wealth. To address this uncertainty, in partnership with ARAG plc and Lansdown Insurance Brokers, it has created Protect Pre-Nup.

The insurance policy provides cover to help meet legal costs should a challenge to a pre-nuptial agreement arise.

In addition to providing reassurance for clients, the policy addresses the call from the Lord Chancellor, Kenneth Clarke, to find alternatives to the ways in which individuals fund their legal expenses.