What Is a ‘Predicament of Real Need’? – Financial Remedies Journal
‘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. In relation to the former this was because:
“[t]he parties are unlikely to have intended that their ante-nuptial agreement should result, in the event of the marriage breaking up, in one partner being left in a predicament of real need, while the other enjoys a sufficiency or more, and such a result is likely to render it unfair to hold the parties to their agreement.” But what is the meaning of “predicament of real need”?’
Financial Remedies Journal, 16th July 2024
Source: financialremediesjournal.com