Reviewed by: Henry Brookman
Author: David Salter, Charlotte Butruille-Cardew, Nicholas Francis QC, Stephen Grant
Publisher: Family Law
ISBN: 9781 84661 2312
Price: £95.00

This is a useful introductory walk into the jungle of nuptial agreements, with a little guidance as to how not to be dismembered by the wild beasts lurking there. The law in nine separate countries is covered, necessarily at an introductory level. These include Australia, France, Russia, England and the US.

Most usefully, the essays are organised in a consistent way, first with a discussion of the law applicable in the particular country, secondly with a questionnaire of relevant considerations in the particular country, and finally, with a sample precedent. Some daunting problems are illustrated thereby. For example, some countries require registration of a nuptial agreement, most do not. But what if your clients are both nationals of different countries, currently based in London, and not knowing where their next country of residence will be? The pitfalls for the couples and practitioners are endless.

The great merit of this book is to flag up questions that would not otherwise perhaps arise. Some countries may require notifications to be made on the Land Register. One can readily see that this book is not a substitute for getting expert advice from a lawyer in any other relevant jurisdiction. However, it will enable the practitioner to understand the comparative law issues involved, and to much more readily understand the advice that is given. It is fair to say that the questionnaire is a model of the kind of questions that you would ask of an expert from any other country not covered by this book.

It is difficult to think of any equivalent contract to a nuptial agreement, both in its potential longevity and its awesome range of outcomes. If you sign a contract to buy a house the contract will probably have a shelf life of three months at maximum. If you sign a partnership agreement it may last for a long time, but there will be a precise formula to end it. By contrast, a nuptial agreement may last for 50 years or more. Fortunes may be made and lost. The parties are exposed to all the hazards of life, and yet the agreement is meant to produce an acceptable outcome.

It is little wonder that many US and Australian lawyers refuse to deal in such agreements, citing their professional negligence premiums. The duty on a practitioner is not to be able to tell the future better than your clients, but to be able to remind clients that the future is uncertain, and alert them to possible perceived risks. This book greatly assists.

Henry Brookman is the founding partner of Brookman divorce solicitors

Topics