Jon Golding considers how nuptial agreements can be good or bad for estate planning tax savings.
The reason so many foreign large financial settlements in divorce cases rely on English law is that there is the historical knowledge that there will be justice for both parties. However, not all disputing parties can have their complex case heard in the Family Division of the High Court unless they are a domicile of England and Wales or habitually reside there.
Therefore, many wealthy foreigners residing in London are able to access the benefits of UK justice but have developed the use of mutually agreed pre and post-nuptial settlements to influence the court’s outcome of decision. Also, the tax implications of financial orders have substantial planning advantages.
Landmark cases
One of the often-quoted landmark cases in this area of pre and post-nuptial