LawTorn: Conversations from the Frontline of Family Fights
LawTorn: Conversations from the Front Line of Family Fights
Hosted by Samara Dutton, Partner in our Private Wealth Disputes Team, and Philippa Dolan, Partner in our Family Team. LawTorn is a podcast exploring family law, divorce, wills disputes, and inheritance challenges.
When family disputes turn into legal battles, emotions run high and the court system can feel daunting. In this new podcast series, Samara and Philippa draw on their experience in family and inheritance law to unpack the legal processes while honouring the very human stories behind this kind of litigation. They discuss the emotional and practical difficulties their clients face, the similarities and differences between family and civil court’s approach to these, and how lawyers can help clients find resolution and regain a sense of calm amid conflict.
Our hosts will explore topics including common-law marriage, will challenges, prenups and postnups, as well as the moral questions that arise when families fracture. With insights from guest experts and colleagues, LawTorn aims to demystify complex legal concepts and procedures while making family law and dispute resolution more accessible.
If you have a question you’d like Samara and Philippa to discuss, please send it to lawtorn@collyerbristow.com. New episodes will be released on the last Monday of each month.
Disclaimer: This content is provided for general information only and does not constitute legal or other professional advice. Appropriate legal or other professional opinion should be taken before taking or omitting to take any action in respect of any specific problem. Collyer Bristow LLP accepts no liability for any loss or damage which may arise from reliance on information contained in this material.
LawTorn: Conversations from the Frontline of Family Fights
Prenuptial Agreements in the UK: Are They Legally Binding?
Use Left/Right to seek, Home/End to jump to start or end. Hold shift to jump forward or backward.
In this episode of LawTorn, Samara Dutton, Partner in the Private Wealth Disputes team at Collyer Bristow, and Philippa Dolan, Partner in the Family team, discuss prenuptial agreements in the UK and whether they are legally binding in the event of divorce.
Responding to a listener’s question, they explore a real-life scenario involving an engaged couple where one partner owns a growing tech business and the other has more modest assets, a teenage child from a previous relationship, and concerns about financial security and future children. The episode considers why prenuptial agreements are increasingly used in England and Wales, particularly in cases involving business ownership, asset protection, and inheritance planning.
Samara and Philippa explain how UK courts approach prenups, including the key legal requirements such as fairness, independent legal advice, full financial disclosure, and the absence of pressure or undue influence. They also clarify how much weight courts give to prenuptial agreements in divorce proceedings, and why they are not automatically binding.
The discussion also covers postnuptial agreements, how they differ from prenups, and when couples may choose to enter into them after marriage. The episode examines whether postnups offer the same level of financial protection and how timing can affect enforceability and negotiations.
A further focus is the protection of business assets in divorce, including concerns raised by business partners about shareholding risk, valuation issues, and the potential impact of marital breakdown on company interests.
As ever, the episode highlights the intersection between family law, private wealth, and relationship dynamics, offering practical insight into how courts approach financial agreements made before and during marriage.
This episode provides clear guidance on prenuptial agreements in the UK, postnuptial agreements, divorce financial settlements, and how the family court assesses fairness and enforceability.
Stay tuned. New episodes of LawTorn are released on the last Monday of each month.
For questions or feedback, please contact us at lawtorn@collyerbristow.com
Podcasts we love
Check out these other fine podcasts recommended by us, not an algorithm.
