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Post-nuptial agreements – why, when and how?

Date:28 NOV 2019
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Natalie O'Shea Professional Support Lawyer Withers LLP

‘We are talking about protecting the future of the farm Tony the thing we have worked for all our lives…it concerns the whole family. Being clear and upfront about where everybody stands makes perfect sense. I'm convinced that a post-nup is the best way forward for all of us.’

What are post-nuptial and post-civil partner agreements? How do they differ from pre-nuptial agreements? What terms should be included and when might your clients consider signing one? In this article (with a brief nod to a recent storyline in ‘The Archers’)  Natalie O’Shea professional support lawyer in the London family team at Withers LLP examines these issues compares post-nuptial agreements with matrimonial property regimes in other countries considers the impact of the Matrimonial Property Regulation 1103/206 the approach adopted across the EU 27 in relation to matrimonial property regimes and post-nuptial agreements and reviews recent and not so recent case law in this area from Edgar v Edgar [1980] to Brack v Brack [2018].

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