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07 August 2015 / Margaret Hatwood
Issue: 7664 / Categories: Features , Family
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Paper, scissors, stone

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Marry in haste (sign a post-nup) & repent at leisure, says Margaret Hatwood

The recent case of Hopkins v Hopkins [2015] EWHC 812 (Fam), [2015] All ER (D) 85 (Apr) underlines the importance of not signing a pre- or post-nuptial agreement unless you are sure that you wish to be bound by its terms.

Pre-nuptial or post-nuptial agreements (NAs) in England and Wales are not automatically binding, however, there has been movement over recent years for the courts in determining financial issues between divorcing couples to hold the couple bound by NAs subject to certain safeguards. Chief of which are a full and frank financial disclosure at the time the agreement is signed, independent good quality legal advice, lack of duress or improper pressure. Indeed since the case of Radmacher v Granatino [2010] UKSC 42, [2011] 1 All ER 373 nuptial agreements have been upheld if it would not be unfair to do so.

Radmacher: a summary of the findings

The Supreme Court in Radmacher said: “If a…nuptial agreement…is to carry full weight both

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MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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