header-logo header-logo

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

20:10:2010

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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll