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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
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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