Adjudicating Undue Pressure in Nuptial Agreements When the court considers the effect of a nuptial agreement, it must consider how pressure may undermine a party’s decision to sign, while recognising why the other party sought it.
Foreign Property Regimes and English Matrimonial Finance: Parity or Particularity? Introduction Since the landmark decision in Radmacher v Granatino [2010] UKSC 42, [2011] 1 AC 534, English law has recognised the legitimacy of pre-nuptial agreements. As family life becomes increasingly international, the courts regularly encounter a wide variety of agreements, including those signed abroad. The most common form of foreign
The Role of Opt-out Agreements in Cohabitation Reform There is a significant measure of agreement amongst both academics and practitioners that making financial remedies available to cohabiting couples on an opt-in basis will not work.[[1]] It will do little to help those in religious only marriages who are left exposed upon separation. It will do little to
Financial Remedies – Next Steps on the Road to Reform? 1.1 On 18 December 2024 the Law Commission published its Scoping Report on financial remedies on divorce and dissolution.[[1]] The Scoping Report sets out our findings that the current law does not provide a cohesive framework in which couples going through a divorce can expect fair and sufficiently
Pre-Nuptial Agreement Drafting: Is the Profession Earning ‘an Honest Shilling’? Introduction In 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 address at the 2014 Family Law Conference stated: ‘I am convinced that the