header-logo header-logo

19 October 2012 / Sarah Caroline Boyle , Kate Molan
Issue: 7534 / Categories: Features , Divorce , Family , Ancillary relief
printer mail-detail

North & South

Marital agreements: who’s got it right? Kate Molan & Sarah Caroline Boyle

The Supreme Court’s decision in Radmacher v Granatino [2010] UKSC 42 was welcomed by practitioners in England and Wales for setting down a number of much needed guiding principles about the treatment of marital agreements. Consequently, while an agreement cannot oust the jurisdiction of the court entirely, there is now a rebuttable presumption that a court should give effect to a nuptial agreement which has been entered into freely by both parties with full appreciation of the implications of the agreement unless in the circumstances it would not be fair to hold the parties to their agreement. The court in Radmacher acknowledged the interpretative difficulties facing practitioners in relation to the concept of fairness, making it clear that fairness will vary from case to case. However, it is clear that any agreement which would prejudice the reasonable requirements of the children of the family or fail to address a party’s needs would be regarded as unfair. The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll