Deborah Jeff features in eprivateclient on divorcing without a prenuptial agreement30 May 2019 // Insights
Head of the Family department, Partner Deborah Jeff, considers the likely outcome when a high net worth couple divorces without a prenup in place
Following the recent announcement that Adele is to separate from her husband of two years Simon Konecki, Deborah Jeff discusses what the Family Courts would take into consideration in the financial settlement to be agreed in such a case.
The court's usual starting position is ensuring that each parties needs are met, but for wealthy couples where there is an excess of assets available over and above the needs threshold being met, Deborah says that the court will generally apply the law whereby what they each brought into the marriage remains theirs’ and what’s generated during the marriage is divided equally. In cases where there is pre-marital cohabitation that progresses straight to marriage, the court would rewind the clock so it’s as if the marriage took place when they began living together.
Further considerations include potential spousal maintenance needs, provision for children of the relationship and whether one party may be able to argue they made a 'special contribution' to the couple's finances by dint of their talent, acumen or drive.
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