Few documents are as misunderstood as the nuptial agreement. Some believe it is a silver bullet. Others think it is worthless. Both views are wrong. Pre-nuptial and post-nuptial agreements are not automatically binding in England and Wales. The court retains discretion. That does not mean they are ignored. Properly prepared, they carry substantial weight. Poorly prepared, they unravel quickly. The first question is fairness. An agreement that leaves one party unable to meet b

Divorce used to involve bank accounts, property, and pensions. It now involves wallets, exchanges, seed phrases, and deliberate amnesia. The duty of full and frank disclosure has not changed. What has changed is the ease with which assets can be concealed, moved, or obfuscated at the click of a button. Cryptocurrency has made non-disclosure easier to attempt and harder to detect, but no more lawful. The court expects disclosure of all assets, regardless of form. Bitcoin is no

Clients often arrive with certainty. I paid for it, so it’s mine. Or I earn less, so I’ll lose the house. Both propositions are usually wrong. The family home is not allocated by slogans. It is allocated by statute, discretion, and evidence. Legal ownership matters far less than most expect. The court is not interested in historic bookkeeping. Whose name is on the title, who paid the deposit, and who serviced the mortgage may be relevant, but they are rarely decisive. The exe