header-logo header-logo

20 January 2011 / Geraldine Morris
Issue: 7449 / Categories: Features , Family , LexisPSL
printer mail-detail

Seeking certainty

Geraldine Morris assesses the latest consultation on nuptial agreements

The Law Commission (the Commission) has issued its eagerly awaited Consultation Paper entitled Marital Property Agreements (Law Com 198) in relation to pre-nuptial, post-nuptial and separation agreements.

Current law

It was anticipated that the Commission would await the decision of the Supreme Court in Radmacher (formerly Granatino) v Granatino [2010] UKSC 42. That case has been widely, and wrongly, viewed as authority for the general enforceability of pre-nuptial agreements; in fact it is authority for an agreement to be upheld where the court considers that the agreement satisfies a test of “fairness” within the context of the factors set out in the Matrimonial Causes Act 1973, s 25.

The decision in Radmacher did give considerable weight to the agreement entered into by the parties however, and Lord Philips stated: “The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll