Pre-Nuptial Agreements
What Is a ‘Predicament of Real Need’?
In Radmacher (Formerly Granatino) v Granatino [2010] 2 FLR 1900 at [81] Lord Phillips of Worth Matravers said that of the three strands identified in White v White [2000] 2 FLR 981 and Miller/McFarlane [2006] 1 FLR 1186 it was needs and compensation which could most readily render it unfair to hold the parties to an ante-nuptial agreement. But what is the meaning of ‘predicament of real need’?
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!16/07/2024 14:38
Pre-nuptial Agreements – A Good Route to Autonomy?
Every family lawyer knows that the validity of pre-nuptial agreements (pre-nups) is at the mercy of the judge’s discretion, yet a freely entered agreement that is not unfair will be given decisive weight.
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!01/07/2024 07:00
Do Not Sign It Unless You Intend to Be Bound By Its Terms
This is often the wording we see on the front of all well drafted pre-nuptial agreements. So why do clients sign them if they intend to try wriggle out of them at the time of a divorce?
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!20/04/2023 22:43
Pre-Nuptial Agreement Drafting: Is the Profession Earning ‘an Honest Shilling’?
IntroductionIn the same year when the Law Commission published its report Matrimonial Property, Needs and Agreements and recommended that there be ‘statutory confirmation of the contractual validity of marital agreements’ (1.32), Coleridge J, in his addre…
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!05/12/2022 08:24