Barder: Exceptional and rare

Cate Maguire looks at how the Barder principle has been applied in cases involving ‘known unknowns’ Neither of the decisions in S v T and HW v WW represent a restriction or characterisation of the Barder principle, but rather affirmation of its exceptionality, even in these most unusual times. The family courts have recently had …
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ADS v DSM & ors [2017] EWCOP 8

Wills & Trusts Law Reports | Autumn 2017 #169

JKS and her late husband had two sons, ADS and DSM. She brought proceedings against the former in August 2012 seeking relief in respect of (a) a transfer by her late husband to ADS of his parents’ matrimonial home (at which she and her late husband continued to live) and (b) a transfer by her late husband to ADS and his wife of a piece of land adjoining other property. Serious allegations were made by JKS, including allegations of undue influence by ADS. On the death of JKS’s husband a significant sum of inheritance tax was due in respect of the reservation of benefit in the matrimonial ...

Pre-Nuptials: No excuses

Camilla Thornton examines case law post-Radmacher where a party has sought to overturn the terms of a nuptial agreement ‘Only in cases where the parties’ circumstances have changed in a way that was not anticipated will the courts look carefully at the fairness of justifying a pre-nuptial agreement entered into some time ago.’ It has …
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Maintenance Agreements: Dead letters?

Joanne Hall highlights the potential rebirth of maintenance agreements together with practice and procedure ‘Once it is established that a maintenance agreement is valid, meeting the formalities required, a court can vary or alter the agreement during the lifetime of the parties, when both parties are domiciled and habitually resident in England and Wales.’ In …
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International Focus: Overseas influence

Philippa Hewitt explores the impact of Radmacher on the approach to marital agreements in Hong Kong ‘In Hong Kong, the wording of the relevant matrimonial legislation is very similar to that of England and Wales and, for that reason, the courts tend to look to English case law to assist in interpreting that law.’ Prior …
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Marital Agreements: No second chances?

In the conclusion to a two-part analysis Che Meakins looks at Xydhias agreements and the procedure to be adopted on a notice to show cause ‘The only way of rendering an agreement enforceable is to convert the concluded agreement into an order of the court. In this respect, the court’s role is not simply to …
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Marital Agreements: Final word

In the first of a two-part analysis Che Meakins discusses different types of agreements between parties in family proceedings and their impact ‘Unless there are “compelling reasons to the contrary”, an agreement should be given effect to where it is freely entered into by both parties.’ The rise of alternative dispute resolution methods may make …
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Separation Agreements: No second chance

Amy Harris contemplates the finality of separation agreements and applications to show cause ‘The court found that both parties gained from the agreement in one way or another and it was not until 20 years later that the wife sought to revisit the separation agreement on the basis that she had fallen upon hard times.’ …
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Agreements: Reaching conclusions

Claire Glaister sets out the courts’ approach where parties disagree as to whether a concluded financial agreement has been reached In every case, the court must exercise its independent discretionary review. An agreement reached between two parties in compliance with certain requirements will carry significant weight when the court is considering a claim for financial …
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