header-logo header-logo

20:10:2010

12 November 2010 / Jonathan Herring
Issue: 7441 / Categories: Features , Family
printer mail-detail

Jonathan Herring on the death knell of marriage

he twentieth of October 2010. Mark that date in your diary. It was beginning of the end for marriage. On that day the Supreme Court in Radmacher v Granatino [2010] UKSC 42 made a decisive step toward reducing marriage to a contract: marriage diminished to a private autonomous agreement between individuals.

I say a step towards reducing marriage to a contract because, of course, their lordships were not saying that pre-marriage agreements are now binding contracts. They made it clear that a court could make an ancillary relief order under the Matrimonial Causes Act 1973 that departed from a “pre-nup” where it would not be fair to hold the parties to the agreement. They gave examples when a pre-nup would not be fair: where it fails to provide for the needs of the children or for the needs of a spouse (paras 76, 77).

However, that should not disguise the fact the decision marks the contractualisation of marriage. In the future, in ancillary relief cases involving a pre-nup

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll