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NLJ this week: Pre-nup pressure in hotly fought case

19 May 2023
Issue: 8025 / Categories: Legal News , Family , Divorce
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Pre-nuptial contracts have been challenged in court, and survived, in the recent case of M v A. In this week’s NLJ, Sarah Jane Lenihan and Laura Couves, of Dawson Cornwell, look at the case in depth. 

The judge made some interesting comments on the conduct of parties and on what is required to establish ‘undue pressure’.

Lenihan and Couves write: ‘For practitioners, if you intend to run a conduct argument, it must be pleaded properly; you cannot simply run the argument in the background in the hope that it will add colour to your client’s case.’

The court considered whether pre-nups signed pre-Radmacher, a seminal case in this area, could be considered valid. It also looked at the issue of what is reasonable to meet a divorcing party’s needs.

Lenihan and Couves sum up the key takeaways and messages from the case—read more here.

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NEWS
In a very special tribute in this week's NLJ, David Burrows reflects on the retirement of Patrick Allen, co-founder of Hodge Jones & Allen, whose career epitomised the heyday of legal aid
Writing in NLJ this week, Kelvin Rutledge KC of Cornerstone Barristers and Genevieve Screeche-Powell of Field Court Chambers examine the Court of Appeal’s rejection of a discrimination challenge to Tower Hamlets’ housing database
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
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