Various sources suggested that Mr Asghari could be ‘Toxic’ and that he sought to challenge the pre-nuptial agreement however, he claims that this is not true.
Although Britney’s divorce will be dealt with in the USA, it may leave some wondering what the position would be in England.
Pre-nuptial Agreements UK
Whilst pre-nuptial agreements are not currently legally binding in the UK, they are becoming more accepted by the Courts as proof of a couple’s intentions should they wish to divorce in the future, particularly if the following apply:
A. The agreement is contractually valid;
B. The agreement was freely entered into by the parties;
C. The agreement was made at least 28 days prior to the marriage or civil partnership;
D. The parties shared financial disclosure about their respective financial situations at the time; and
E. The parties had full appreciation (legal advice) of the agreement and its implications (which should also consider what the position would be if they were not to marry at all or if they were to marry without such an agreement in place).
What If The Agreement Now Seems Unfair?
Whilst you could have your fortune read at the ‘Circus’, we don’t all have a magic crystal ball to see what the future may hold.
The Court has made it clear that they will not override the terms of a pre-nuptial agreement simply because it would have made a different decision. However, it will consider an agreement to be unfair if it prejudices the needs of any child of the family or if it leaves one party to the marriage in a ‘predicament of real need’. It is the interpretation of ‘need’ that is considered on a case-by-case basis as to whether the agreement is unfair.
Putting the Britney Spears song titles to one side, if you need any help or advice please feel free to contact me or one of my Family Law colleagues on 01332 364436 or via email at legal@timms-law.com.
