Over 10 years on from Radmacher v Granantino, with pre-nuptial agreements still not guaranteed to be upheld in court, Nicola Frost offers her best recipe to make them binding.
Nicola is highly experienced in matters involving financial remedies upon divorce under the Matrimonial Causes Act 1973, cohabitation disputes under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) and applications involving provision for children under Schedule 1 to the Children Act 1989. Nicola also has specialist expertise in the area of prenuptial agreements and advises upon and prepares both prenuptial and postnuptial agreements. Click here to listen to Nicola's latest podcast on "pre-nuptial agreements: are they worth it?", recorded with Get Legally Speaking.
Nicola has particular experience of:
- Prenuptial agreements / postnuptial agreements
- Consent orders (enforceability, challenge, Barder events)
- Cohabitation agreements
- TOLATA claims
- Transfers of overseas property, ensuring the enforceability of orders
- Conduct, including dissipation of assets
- Maintenance pending suit / spousal maintenance
- Farming cases
- Third party interests
- Insolvency, including transaction avoidance, non disclosure, uncovering concealed assets
- Schedule 1 to the Children Act
- Enforcement applications
- Cohabitation and conversion / delivery up
- Annulment proceedings
- Business assets
- Pensions (including Forces pensions)
- Disabled adult ‘child’ dependants
- Freezing injunctions
Private Remote FDR Hearings
Nicola is available for private remote FDR hearings. For more information on private remote FDR hearings please click here.
Nicola has an extensive private law practice and covers the spectrum of child law matters. She is particularly experienced in relationship breakdowns involving intractable contact disputes. Nicola has a special interest in surrogacy cases and has acted and advised in this niche area of private law.
Nicola has acted in cases involving allegations of domestic and sexual abuse, psychiatric disorders and issues of alcoholism and drug misuse; she deals with complex medical evidence and has conducted lengthy fact finding hearings.
In addition to general private law practice (child arrangements, specific issue and prohibited steps orders), Nicola has acted in the following types of private law cases:
- Private adoption
- Removal from the jurisdiction (including Hague Convention)
- Internal relocation cases
- Declarations of parentage
- Non-molestation / occupation proceedings
- DNA cases
Court of Protection
Nicola is fully qualified to undertake Court of Protection cases and has been instructed on behalf of the Official Solicitor.
Public Interest Immunity / Disclosure
Nicola reviews and advises upon all aspects of PII, including compliance with the Disclosure Protocol, interaction with other agencies and balancing competing public interests. Nicola has experience of dealing with complex medical evidence and, in addition to social services’ records, is willing to review health departments’ records.
Pre-nups: can you have your wedding cake and eat it?17th Dec 2020
Re MM (A Patient)  EWCA Civ 3413th Feb 2017
3PB Family Barrister Nicola Frost provides an insightful summary of Re: MM (A patient)  EWCA Civ 34, an appeal from the Court of Protection in which the appellant had been ordered to facilitate MM's return to this jurisdiction, the court having found (on a number of occasions) it to be in MM's best welfare interests to be cared for in the south west of England.
The parties compromised the appeal and the court was asked to approve a consent order, allowing the appeal, on the basis that (i) the order made had become otiose and (ii) it would be futile to subject the appellant to further coercive orders in the face of her continuing obduracy. Case remitted to the court of first instance for the proceedings to be concluded.
AB (Surrogacy: Domicile)  EWFC 6323rd Jan 2017
3PB Family Barrister Nicola Frost provides an insightful summary of AB (Surrogacy: Domicile)  EWFC 63, an application for parental orders in relation to two children in which the court had to determine whether at least one of the applicants could be said to be 'domiciled' in the jurisdiction at the time of the application and at the time of making the order, as required by section 54(4)(b) of the Human Fertilisation and Embryology Act 2008.
“I’ve always used another chambers but have recently instructed Nicola Frost from 3PB who was fantastic and really sorted a difficult case. I’ve instructed her again on another case.” Instructing solicitor
"Nicola’s attention to detail far exceeds any other barrister or lawyer I have ever come across!” Solicitor, Head of Family
"I was really impressed with how understanding you were and also how direct and honest you were."
“My client loved Nicola because she was feisty but fair.”
“You did an excellent job for my client in difficult circumstances. Thank you.”
“Your skeleton argument is excellent” (judge)
“I think your skeleton [argument] is beautifully written and presented.”
- LL.B (Hons) (First Class) – Bristol Law School, UWE Bristol
- BVC (Very Competent) - Bristol Institute of Legal Practice, UWE Bristol
- Inner Temple Exhibition and Duke of Edinburgh Scholar
- Inner Temple Keble Advanced International Advocacy Scholar
Professional qualifications & appointments
- Accredited Mediator – Civil & Commercial Mediation (Bristol ADR Group)
- Family Law Bar Association
- Bar Pro Bono Unit
- Inner Temple
- Western Circuit
- European Circuit
Nicola Frost is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.More Information