If you signed a property agreement before or during the marriage (like a prenuptial Quasi-community property is any type of property that was acquired by either one or property, separate property, or mixed, also talk to a lawyer for advice. Yet, unlike marriage, there is no legislative regime to regulate how property should be divided in the event that the relationship breaks down. The law is. (b) That legal advice should be from a specialist in English matrimonial law (the be signed by both parties well in advance of the marriage (Howard's solicitor.
So what does the solicitor advise Harold?
He confirms that, yes, Harold is correct: But, he tells Harold that, considering his great wealth to which Winnie has not contributed — as Harold has pointed out forcefullyit would certainly be worth Harold's while to enter into a pre-marital agreement.
Because, provided that the agreement is sensible and well drafted, it should be persuasive to a court when if? Those responses range from stating that they are of "very limited significance" and "no more than a material consideration for this court" in  and  respectively to saying that they can be "a significant factor", "one of the more relevant circumstances of this case" and both part of the circumstances of the case and conduct which it would be inequitable to disregard, in  and  respectively.
Harold asks what the "safeguards" are to which his solicitor refers, and receives the following fairly predictable mantra. Ideally that advice should be in writing  and advisors' certificates should be appended to the agreement as in M v M. Harold does himself no favours if he undervalues his interest in his company, because if, when he sells next year, his shares are sold for twice what he says they are worth now, won't Winifred be able to argue that she has contributed to the meteoric rise in the value of the company?
Similarly, Harold would be wise not to be too coy about the large estate in Scotland, complete with grouse moor, that he is likely to inherit from his grandfather .
Harold's solicitor advises him that, however he may feel about Winifred in the future, the court will not be persuaded by an agreement pursuant to which there would be too great a gulf between the lifestyle of father and mother.
The court's view is that "it cannot be desirable for the children to have their respective parents living at such totally different standards of living" . Accordingly, the children must have a home that reflects the fact that they have a very wealthy father, and a lifestyle that approaches their life when they are with Harold. Harold reflects on this advice and considers that the negotiation of the agreement may have a detrimental effect on his and Winifred's relationship in the run-up to the wedding.
The last thing he wants to do is jeopardise the special day itself. He suggests to his solicitor that, instead of entering into the agreement before the wedding, the parties sign it once the dust has settled, during the few months following the wedding i.
He tells his solicitor that he has no concerns that Winifred would fail to sign it, because they have already discussed the agreement and she has already promised to enter into one. Apart from the obvious risk that Winifred would not in fact sign the agreement, is there any other reason for H's solicitor to sound a note of caution in relation to the execution of a mid-nup?
He might also point out that this would render a powerful argument unavailable to Harold — namely that Harold cannot now claim that he would not have got married without a pre-marital agreement.Making Marriage Work - Dr. John Gottman
In the event, the parties, rather than entering into a mid-nup, remain married for a few years, but at about the 5 year anniversary, they are unsure quite where their marriage is heading. Divorce is a possibility, but not a route that either party wishes to take now. They decide to separate, but wish at this stage to regulate their finances in a binding agreement.
Harold assumes that his solicitor's advice will be exactly the same as when he consulted him about the mid-nup. He is surprised therefore when his solicitor advises him that, in fact, separation agreements have, historically, been given substantially more weight by the courts than pre-marital agreements. Harold's solicitor advises him that if he and Winnie can replicate the facts of Edgar including especially "the conduct of both parties leading up to the …agreement and …subsequent conduct in consequence of it"then it would be very difficult indeed for Winnie to persuade a court to depart from the agreement reached.
Harold's solicitor observes that Edgar is still a very important case, notwithstanding that it is 26 years old. It was cited with approval in the recent case of K v K and, on careful examination, almost all the "safeguards" set out in "Supporting Families" and in subsequent case law were anticipated by Ormrod LJ in the famous passage in his judgment about the importance of the circumstances surrounding the making of the agreement "undue pressure by one side, exploitation of a dominant position to secure an unreasonable advantage, inadequate knowledge [or disclosure], possibly bad legal advice, an important change of circumstances unforeseen or overlooked at the time of making the agreement [e.
Binding agreement in the context of proceedings? Does the fact that the agreement has been negotiated in the context of divorce proceedings automatically render it even "stronger" or more "final" or to put it another way, would such an agreement be higher up the marital contracts hierarchy?
Howard's solicitor tells him that immediately following the case of Xydhias as decided at first instanceit would have been reasonable to assume that Minutes of Agreement negotiated in solicitors' correspondence were almost as binding as a court order itself — i.
However, fairly shortly afterwards followed the Xydhias  appeal in which it was held that "it is clear that the award to an applicant for ancillary relief is always fixed by the court. The payer's liability cannot be ultimately fixed by compromise as can be done in the settlement of claims in other divisions.
Therefore the purpose of negotiation is not to finally determine the liability that can only be done by the court but to reduce the length and expense of the process by which the court carries out its function" per Thorpe LJ. Inthe case of X v X Y and Z intervening  seemed to go even further to protect the boundaries of the court's discretion from encroachment by parties who wish to regulate their own affairs in a binding agreement: Thus a spouse cannot validly agree, whether expressly or impliedly, not to apply to the Court for … ancillary relief" per Munby J.
what is quasi-marriage? | Yahoo Answers
Harold's solicitor's best advice for Harold is therefore this: How would the solicitor's advice change if, rather than advising Harold on his forthcoming marriage, he was advising Harold's German cousin Helmut, who had already persuaded his future wife to enter into a German marriage contract?
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What is quasi-marriage?
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