Category: prenuptial agreements

Statutory backing for pre-nups – a welcome proposal – Halsbury’s Law Exchange

Posted March 13th, 2014 in Law Commission, news, prenuptial agreements, reports by tracey

‘The Law Commission began in 2009 to examine the status and enforceability of marital property agreements, which we refer to as pre-nups. Pre-nups do not currently have statutory backing, but this may be about to change. In their report published on 27 February 2014, the Law Commission recommended the introduction of legally binding “qualifying nuptial agreements”. The report, Matrimonial Property Needs and Agreements, includes a draft bill which would bring pre-nups into law.’

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Halsbury’s Law Exchange, 11th March 2014

Source: www.halsburyslawexchange.co.uk

Making it easier for separating couples to manage their finances and property – Law Commission

Posted March 3rd, 2014 in civil partnerships, divorce, financial dispute resolution, news, prenuptial agreements by sally

‘The Law Commission is recommending a set of measures to make it easier for couples to manage their financial affairs on divorce or at the end of a civil partnership.’

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Law Commission, 27th February 2014

Source: www.lawcommission.justice.gov.uk

The Law Commission’s Report on Matrimonial Property, Needs and Agreements – Family Law Week

Posted March 3rd, 2014 in consultations, divorce, financial dispute resolution, housing, news, prenuptial agreements by sally

‘Spencer Clarke, Lawyer in the Property, Family and Trust Law Team at the Law Commission considers the Key recommendations of the Law Commision’s Report on Matrimonial, Property, Needs and Agreements.’

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Family Law Week, 27th February 2014

Source: www.familylawweek.co.uk

Pre-nuptial agreements ‘should be legally binding in divorce cases’ – The Guardian

Posted February 27th, 2014 in divorce, Law Commission, news, prenuptial agreements, reports by sally

‘Prenuptial agreements should be legally binding in divorce settlements, but only after the needs of the separating couple and any children have been taken into account, the Law Commission has recommended.’

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The Guardian, 27th February 2014

Source: www.guardian.co.uk

Pre-nuptial agreements – legal endorsement round the corner? – Halsbury’s Law Exchange

Posted February 20th, 2014 in divorce, married persons, news, prenuptial agreements by sally

‘The law in respect of pre-nuptial agreements is developing rapidly.

Parties have always been free to make their own agreements or arrangements in the past, but it has been an established truth that you cannot oust the jurisdiction of the court.’

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Halsbury’s Law Exchange, 20th February 2014

Source: www.halsburyslawexchange.co.uk

Prenuptial Agreements Latest Caselaw: Pandora’s Box Stays Closed… at least for now – Family Law Week

Posted February 6th, 2014 in divorce, financial provision, news, prenuptial agreements by sally

‘Wife fails in her challenge of a pre-nup entered into with her wealthy husband in respect of MPS and costs allowance.’

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Family Law Week, 5th February 2014

Source: www.familylawweek.co.uk

Divorce law criticised as ‘incomplete and uninformative’ – The Guardian

Posted September 11th, 2012 in consultations, divorce, financial provision, matrimonial home, news, prenuptial agreements by tracey

“Divorce laws in England and Wales are so ‘incomplete and uninformative’ that judges receive no guidance about the fairest way to divide a couple’s property, the Law Commission has said.”

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The Guardian, 11th September 2012

Source: www.guardian.co.uk

Matrimonial Property, Needs and Agreements – Law Commission

Posted September 11th, 2012 in civil partnerships, consultations, divorce, financial provision, matrimonial home, prenuptial agreements by tracey

“Following its 2012 consultation on marital property agreements (‘pre-nups’), the Law Commission has opened a supplementary consultation on needs and non-matrimonial property.”

Full consultation

Law Commission, 11th September 2012

Source: www.lawcommission.justice.gov.uk

English law is fair to women, not ‘unfair’ to Muslims – Daily Telegraph

Posted July 30th, 2012 in divorce, islamic law, news, prenuptial agreements, religious discrimination, sex discrimination by sally

“This country recognises the equal rights of husband and wife in a divorce, so will not recognise a prenup agreement that is unfair to the woman.”

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Daily Telegraph, 28th July 2012

Source: www.telegraph.co.uk

Finance Divorce Update – Family Law Week

Posted July 2nd, 2012 in bills, costs, divorce, family courts, forced marriages, homosexuality, marriage, news, prenuptial agreements by sally

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the latest financial remedies and divorce news and cases.”

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Family Law Week, June 2012

Source: www.familylawweek.com

Family bar chief calls for divorce law reform – Law Society’s Gazette

Posted June 28th, 2012 in divorce, matrimonial home, news, prenuptial agreements by sally

“Divorce laws should be reformed to provide a default regime for the division of assets when relationships break down, the chief of the family bar has suggested.”

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Law Society’s Gazette, 28th June 2012

Source: www.lawgazette.co.uk

Finance & Divorce Spring Update 2012 – Family Law Week

Posted April 2nd, 2012 in divorce, families, landlord & tenant, news, prenuptial agreements, third parties by sally

“Joanna Grandfield, Associate (barrister), Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the key financial remedies cases arising in the first quarter of 2012.”

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Family Law Week, 30th March 2012

Source: www.familylawweek.com

Pre-Nuptial agreements: developments since Radmacher – Family Law Week

Posted March 26th, 2012 in divorce, married persons, news, prenuptial agreements by sally

“David Marusza of Harcourt Chambers summarises and analyses the latest cases involving prenuptial agreements.”

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Family Law Week, 25th March 2012

Source: www.familylawweek.com

Getting married? Top legal tips for couples-to-be – The Guardian

Posted August 4th, 2011 in marriage, news, prenuptial agreements, wills by sally

“Philippa Cunniff, family law partner at Turcan Connell, has some distinctly unromantic but potentially invaluable advice.”

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The Guardian, 4th August 2011

Source: www.guardian.co.uk

Marital property agreements (pre-nuptial and post-nuptial agreements) – Law Commission

Posted January 12th, 2011 in consultations, matrimonial home, news, prenuptial agreements by sally

“On 11 January 2011 we published a consultation paper. This reviews the current law of marital property agreements, discusses options for reform and puts forward questions for consultees. The consultation closes on 11 April 2011.”

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Law Commission, 11th January 2011

Source: www.lawcom.gov.uk

Law Commission consults on pre-nuptial agreements – Law Society’s Gazette

Posted January 11th, 2011 in consultations, news, prenuptial agreements by sally

“The Law Commission has today published a consultation on the future of pre-nuptial agreements, seeking views on whether couples should be able to make binding agreements governing financial arrangements if their relationships end.”

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Law Society’s Gazette, 11th January 2011

Source: www.lawgazette.co.uk

For richer, but not necessarily for poorer – pre-nups to become law – The Independent

Posted January 5th, 2011 in divorce, Law Commission, news, prenuptial agreements by sally

“Spectacular divorce battles like that which ensued after the break-up of Sir Paul McCartney and the model Heather Mills, costing the former Beatle £24.3m, are expected to be consigned to history after the Law Commission produces its long-awaited report on ‘pre nup’ agreements next week.”

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The Independent, 5th January 2011

Source: www.independent.co.uk

Pre-nups – now worth the paper they’re written on – Law Society’s Gazette

Posted November 12th, 2010 in news, prenuptial agreements by sally

“The long-awaited decision of the Supreme Court in Radmacher (formerly Granatino) v Granatino [2010] UKSC 42 is a significant step in the recognition of pre- and post-nuptial agreements. The starting point is that parties should be held to properly drawn up agreements unless certain circumstances arise.”

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Law Society’s Gazette, 11th November 2010

Source: www.lawgazette.co.uk

Granatino v Radmacher (formerly Granatino) – WLR Daily

Posted October 25th, 2010 in divorce, financial provision, law reports, prenuptial agreements by sally

Granatino v Radmacher (formerly Granatino) [2010] UKSC 42; [2010] WLR (D) 260

“A court should give effect to a nuptial agreement, whether entered into before or after marriage, that was 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 the parties to the agreement.”

WLR Daily, 21st October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Banker fails in challenge to prenuptial agreement with heiress – The Guardian

Posted October 21st, 2010 in divorce, news, prenuptial agreements by sally

“Court rules for first time that prenups should have ‘decisive weight’ in English divorce courts after Nicolas Granatino challenged agreement with Katrin Radmacher.”

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The Guardian, 20th October 2010

Source: www.guardian.co.uk