CHERYL COLE PART 2 – Will Cheryl have to “fight for this love”?

Following Cheryl Cole’s secret marriage to Jean-Bernard Fernandez-Versini, it has been reported that she is so head over heels with her new husband that she “refused” to sign a Pre-Nuptial Agreement to protect her fortune. 


We appreciate that the idea of speaking with your husband-to-be about a Pre-Nuptial Agreement may not be the most romantic topics just before your big day, it may be a decision Cheryl may later go on to regret! 

Whilst we hope that Cheryl lives happily ever after with her new husband (especially given her last marriage ended in divorce to “love rat” Ashley Cole following reports of his adultery), as Family Lawyers we cannot ignore exploring with our client’s the “what if’s?” and the options available to help protect them in the best way possible. 


Perhaps once the honeymoon period is over for Cheryl that she may consider signing a Post Nuptial Agreement? A Post Nuptial Agreement is very similar to a Pre-Nuptial Agreement but it is entered into after the marriage has taken place and essentially sets out how the assets are to be divided in the unfortunate event of the breakdown of the marriage. The contents of the agreement are flexible and can vary depending on the individual’s circumstances and concerns. 

An agreement executed anytime after the marriage is binding on the parties subject to the usual contract principles such as fraud, mistake or duress and the power of the Court to vary maintenance agreements. If the agreement is executed properly and certain conditions are met, the mere fact it is not what the Court would have ordered is not enough to set aside the agreement. In light of this, if you are considering a Pre or Post Nuptial Agreement we would strongly suggest that you seek legal advice from one of our specialist Family Lawyers. 


If our Pop Princess has decided against protecting her fortune and let her heart rule her head, she may well face fighting off claims from her husband should their marriage breakdown. This is because by commencing divorce proceedings, the Court obtains significant powers to make financial orders. The extent of the Court’s power means that they are not confined to assets accumulated during the marriage and as such can deal with, and redistribute, assets whenever and however acquired. 


Let’s hope Cheryl does not have to “fight for this love!”. 


Should you wish to obtain advice about Pre-Nuptial Agreements or Post Nuptial Agreements please do not hesitate to contact us on 01992 558 411. 

 

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