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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
A child’s views can be taken into account during international child abduction proceedings, the Supreme Court has held
Small and medium-sized law firms have urged regulators to pause plans to exclude owner-managers from compliance officer roles
Lawyers have raised the alarm on employment tribunal delays and backlogs, with some cases facing a three-year wait for a hearing
The controversial assisted dying Bill has drawn to a halt after MPs defeated it by 286 votes to 270
MPs have called for legislation to protect against the human rights risks of artificial intelligence (AI)
back-to-top-scroll