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05 February 2009
Issue: 7355 / Categories: Features , Divorce , Child law , Family
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Execute. Marry. Execute.

Is now the time to turn your pre-nup into a post-nup? Asks Mark Irving

In the case of MacLeod v MacLeod [2008] UKPC 64, the Privy Council addressed the vexed question of the enforceability of pre-nuptial and post-nuptial agreements. Mr and Mrs MacLeod were married in Florida on Valentine’s Day 1994 and on the same day signed a pre-nuptial agreement.

There was a considerable difference in wealth and age between them. Mr MacLeod had amassed huge wealth through business development and was 49. Mrs MacLeod had been studying for a degree in business administration and was 27. Four months later they moved from the US to the Isle of Man, where they lived together for the remainder of their nearly 10 year marriage, and had five sons.

In 1997 a temporary post-nuptial agreement was signed which lapsed a year later. In July 2002 a further post-nuptial agreement was signed. It is this latter agreement which became the bone of contention between the parties upon their divorce. The 2002 agreement did a lot. It confirmed

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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