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Can a pre nup deal with income payments post separation

Can a pre nup deal with income payments post separation seems to get to the nub of the issue of the worth of taking the trouble to try to formalise responsibilities for the financial future of your partner according to Cheshire family law specialist solicitors Stonehewer Moss. The practice family department includes Michael Brennan who has worked in the field for 25 years and has accreditation both with Resolution and the Law Society in respect of complex finances in divorce. Michael takes the view that a pre nup is sensible if your circumstances suggest a divorce in the future might cause financial stress or a potential for unfair treatment of other such as children of earlier relationships, parents assisting children through inheritance or gift for their benefit or pre marriage asset you worked for long before the current marriage. Michael says, “Income payments are called periodical payments orders and they are quite rare in divorce but if your circumstances allow for it you can make allowance that should then be applied by the divorce court following the Supreme Court authority Radmacher v Granatino. There is a specific 2014 authority called BN v MA that addresses such payments and a leading judge commented as follows:-“In my judgment, when adjudicating a question of interim maintenance, where there has been a prenuptial agreement, the court should seek to apply the terms of the prenuptial agreement as closely and as practically as it can, unless the evidence of the wife in support of her application demonstrates, to a convincing standard, that she has a likely prospect of satisfying the court that this agreement should not be upheld”

The Court will not sanction an outcome that fails to meet needs, is unfair or is overcome by factors such as failure to disclose or undue pressure but it can be seen and the judge in the above case did observe, that a pre nup can aid the parties to reduce legal bills.

A 2014 case in Manchester called H v H  is interesting upon this issue as the agreement failed to address s27 of the Matrimonial Causes Act and on such an application short of a provable divorce the pre nup did not apply. Can a pre nup deal with income payments post separation? Yes with strings attached.”

For advice negotiation and representation in family law matters please call 01606 872200 e mail or visit


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Stonehewer Moss Solicitors, Citadel House, Solvay Road, Northwich, Cheshire, CW8 4DP

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