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13 January 2011
Issue: 7448 / Categories: Legal News
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Fairy tale ending for pre-nups?

Law Commission consultation proposes divorce reform

The Law Commission launched a consultation this week, Marital Property Agreements, into the controversial area of pre-nups and post-nups, suggesting a range of possible reforms such as allowing couples to ring-fence “special property” to protect it in the event of relationship breakdown.

This could be used to “protect the integrity of a family farm or business that might not survive if it was partitioned on divorce”.

The Commissioners identify the formalities that would need to be met before a pre-nup or post-nup could be upheld, including the need for independent legal advice. They ask whether full financial disclosure should be required, or whether that would be “intrusive, unnecessary or unnecessarily expensive”.

Eve-of-wedding agreements should be allowed, they say, even though the courts have shown reluctance to enforce these.

They acknowledge that pre-nups would “remain inappropriate” for couples with limited resources.

Geraldine Morris, family solicitor at LexisNexis, says: “The paper follows the Supreme Court’s decision in Radmacher v Granatino in October 2010 when a pre-nuptial agreement entered into by the

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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