Julia Thackray, head of Penningtons Solicitors LLP's family team, recently joined a panel of experts at a debate which analysed the use of pre-nuptial agreements. The debate, promoted by website
Family Bhive, included a poll which saw 68% of the audience of 50 senior figures from London's banking, advisory and investment communities declare that they believed that, in most cases, wealthy parents of couples are behind the signing of a pre-nup.
The audience favoured pre-nups for wealthy couples where assets were acquired before marriage and where gifted or inherited assets are received later. The audience saw post-nups as being relevant only where there would be a financial event such as an inheritance or receipt of significant assets. If strictly enforceable pre-nups are to be introduced in the future, the audience felt strongly that safeguards such as independent legal advice and full financial disclosure should be made essential requirements. The debate, which was hosted by Lawrence Graham LLP (LG), was led by a panel of experts drawn from a variety of backgrounds, including Josh Spero of Spears (Chair), Catharine Bell of LG, Oliver Peck of SMP, Paul Weir of Equity as well as Julia Thackray.
Julia Thackray, partner, who has a wealth of experience of advising clients on setting up pre and post-nuptial agreements, commented: "The lively debate brought up some interesting issues and demonstrated that the pre-nup continues to be of great interest, particularly after the recent case of
Radmacher v Granatino. Many couples are interested in defining their own agreements at the outset of the marriage, to apply in the event of a divorce at some point in the future, but the debate highlighted just how complex the process can be in balancing the needs of the couple and any children, with the desire by one of them to protect certain assets."
Contact: Julia Thackray
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