A new BBC legal drama, The Split, is the first of its kind to focus on the family legal profession and follows the Defoe family, two generations of female divorce lawyers. Although the series sensitively explored the emotional and practical realities of divorce and separation, to the dismay of many family lawyers, a number of legal inaccuracies were also portrayed. Every day this week, we will take a closer look at how each episode of The Split failed to address some common family law myths.
The second episode of the drama focussed on prenuptial agreements. Hannah advises her client, ‘the prenup is written by the head for when the heart has forgotten it once loved’. Whilst pre-nuptial agreements are not legally binding in this country, a client should be advised that the courts are now moving in favour of upholding such agreements as long as certain safeguards are met. Specialist legal advice should always be sought in advance of signing any prenuptial, post-nuptial or cohabitation agreement.
Our Family team understands the sensitive nature of family proceedings and the long term impact and challenges that can surround them. Here at BPE we aim to minimise conflict and help our clients work towards a constructive outcome. Please contact any member of the team to find out how we can help.
These notes have been prepared for the purpose of an article only. They should not be regarded as a substitute for taking legal advice.