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15 June 2012 / Anna Heenan
Issue: 7518 / Categories: Features , Divorce , Family
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The after-shock

Pre-nuptial agreements: where are we now, asks Anna Heenan

We are now almost two years on from the case of Radmacher v Granatino [2010] UKSC 42, [2011] 1 All ER 373, in which the Supreme Court swept away the old rule that pre-nuptial agreements were contrary to public policy. The result has been an increase in pre-nuptial agreements by those attempting to combat the uncertainties of divorce. Courts have a wide discretion to redistribute property on divorce, which they exercise according to the principles set out in s 25 of the Matrimonial Causes Act 1973 (MCA 1973) and the concept of “fairness”. It is, however, widely accepted that the elasticity of “fairness” does little to create certainty. Recent case law on pre-nuptial agreements explores the circumstances in which they will be upheld and provides some guidance to those seeking a more certain outcome.

The Radmacher decision

This decision has been the subject of widespread comment and further analysis is perhaps unhelpful (and somewhat late). It is, however, useful to review the factors that

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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