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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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