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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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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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