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05 May 2023 / Stephen Gold
Issue: 8023 / Categories: Features , Procedure & practice , Civil way , CPR , Divorce
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Civil way: 5 May 2023

Nuptial news; coining it in; in favour of juniors; out with the scissors.

NO MOOR

You will remember Radmacher v Granatino [2010] UKSC 42. Held the Supreme Court’s majority: ‘The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.’ And you may remember the Nuptial Agreements Bill recommended by the Law Commission nine years ago (according to Lord Bellamy in the House of Lords last week, the government would not be legislating in this area while the Commission was reviewing financial provision on divorce, but he hoped it would do so during the lifetime of Baroness Deech, if not his own).

Neither Radmacher nor the Bill had been heard of when the parties in M v A [2023] EWHC 613 (Fam), before Mr Justice Moor, entered into their pre-nuptial agreement (PNA). They each had legal advice, the

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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