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02 October 2015 / Edward Heaton
Issue: 7670 / Categories: Features , Family
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Pre-nuptial pursuit

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Pre-nups: the search for certainty continues, says Ed Heaton

In WW v HW [2015] EWHC 1844 (Fam), [2015] All ER (D) 167 (Jul), the parties had entered into an agreement which had provided that neither would make a claim against the other in the event of divorce and yet, by the time of the end of the hearing, they had, between them, run up costs of over £1.7m…

As the judge himself commented: “If ever there were a paradigm example of a case which demonstrates the need for more certainty in the law of financial remedies and nuptial agreements, this is surely it.”

The wife was 46 and the husband 57. The parties had met in 2000 and had entered into a pre-nuptial agreement in June 2002, at the wife’s instigation. The agreement was intended to protect the wife’s financial resources, which amounted to around £27m by the time of the hearing. They included interests in an historic stately home and a very valuable painting by a celebrated 16th century artist, and originated from the wife’s

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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