Pre-Nuptial Agreements
Pre-Nuptial Agreements: an ‘Oven-Ready’ Solution to a Pressing Problem? A House of Lords Debate
Late last month, Baroness Deech brought a motion in the House of Lords, ‘That this House takes note of the law relating to prenuptial agreements’. The debate came against the backdrop of Baroness Deech having (of course) long pursued financial remedies reform through her Divorce (Financial Provision) Bill.
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- Pre-Nuptial Agreements
!13/03/2025 16:45
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SV v AV [2024] EWFC 86 (B)7 February 2024
DJ Ashworth. Final financial remedy hearing involving the weight to be attached to a pre-nuptial agreement, non-matrimonial and matrimonial property, and the computation of assets.
- Cases
- Pre-Nuptial Agreements
- Matrimonial and Non-Matrimonial Property
- Cohabitation
HJB v WPB: Beware the Preliminary Issue
It is entirely appropriate for the factual question of either the existence of an agreement (if in dispute), or whether one party ought to be entitled to resile therefrom on the so-called Edgar grounds or otherwise, to be heard as a preliminary issue. However, beware any suggestion that the court should embark on a consideration of the status of any such agreement as a preliminary issue, with no consideration of the surrounding circumstances or s 25 factors.
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- Pre-Nuptial Agreements
!16/08/2024 07:00
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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- Pre-Nuptial Agreements
- Needs
!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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- Pre-Nuptial Agreements
!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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- Pre-Nuptial Agreements
!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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- Pre-Nuptial Agreements
- Costs
- Nuptial Agreements
!05/12/2022 08:24
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