‘The Split’ and Pre-Nuptial Madness
I must confess that amidst the Christmas celebrations I did enjoy some down time watching the BBC drama “The Split” unfold. (Yes – I am that person that choses to watch a TV drama about all things family law, despite dealing with family law cases on a daily basis!)
For those not familiar with the popular series, this was a spin off two-part series which sees the Defoe family head to Barcelona to watch their daughter, Liv, get married. The Defoe family all work in divorce law, including Hannah Defoe, a leading family lawyer and her former husband Nathan, a barrister specialising in matrimonial finances. Not to mention Hannah’s mother and sister who all practice family law.
The series touched on the importance of Pre-Nuptial Agreements. Whilst not in line with good practice, the drama sees Hannah Defoe representing her own daughter Liv in negotiating the terms of a Pre-Nuptial Agreement. Liv’s fiancé, Gael, was the only child and sole future beneficiary of his parents’ significant inherited estate in Spain, including among other significant assets a vineyard in Barcelona.
The drama shows the Pre-Nuptial Agreement being negotiated right up until the day of the wedding (something that would not be advised), although no specific details are provided as to what the Pre-Nuptial Agreement includes, one would assume that Gael’s family are seeking to protect their inherited wealth.
More drama unfolds when Gael’s father’s mistress turns up for the weekend of celebrations, threatening to reveal their affair. The affair is dramatically uncovered, and the weekend takes an unexpected turn of events, with Hannah Defoe offering to represent Gael’s mother in divorce proceedings and initiating divorce proceedings the day after Gael’s affair is exposed.
It then transpires that Liv’s future in laws entered into their own Pre-Nuptial Agreement before their marriage, but the Agreement was set out on a paper napkin which had been drawn up by a close family friend, who had just qualified as a family solicitor, who seemingly was now going to be acting on behalf of Liv’s father-in-law!
All sorts of conflicts of interest come to mind in this arrangement!
A Pre-Nuptial Agreement, whilst not absolutely legally binding in the UK, if entered into properly, can carry significant weight and is likely to be upheld in the event of a divorce providing certain golden rules and safeguards are followed.
Given Liv and her fiancé were getting married in Barcelona, Liv should also have been advised to seek independent advice from a lawyer in Spain to consider how the Court in Spain would treat a Pre-Nuptial Agreement, especially in circumstances where the assets are based there and/or the parties intend to live or spend a significant amount of time in another jurisdiction.
Many will also be wondering if the paper napkin Pre-Nuptial Agreement will carry any weight in Gael’s parent’s case. The answer is not straightforward and given the significance of the Pre-Nuptial Agreement, there is no doubt that both parties could expend huge sums of money arguing over this very point, if the validity of the Agreement was ever challenged. This is one of the key reasons why it is so important for each party to obtain independent legal advice at the time of entering into a Pre-Nuptial Agreement. Had Gael’s parents each obtained independent legal advice and entered into the Pre-Nuptial Agreement correctly it would have meant that both parties had a greater understanding of where they stood in the event of divorce.
If you would like to find out more please contact our Family team who would be happy to discuss the contents of this article and any relating matters you may have.
Disclaimer: General Information Provided Only
Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.
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