Nuptial agreements: Keeping it in the family

Anna-Laura Lock and Anisha Patel analyse the courts’ approach to third-party financial support and when the pressure of entering into an agreement may be considered ‘undue’ Peel J noted in WC v HC that the function of the court is to distribute the parties’ resources, rather than the resources of their wider families. In WC …
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Pre-nups and private client: Take note

Mark Pawlowski considers a recent decision on the enforceability of pre-nuptial agreements ‘It was essential that both parties should have entered into the agreement of their own free will without undue influence, fraud or misrepresentation, and with a full appreciation of its implications.’ The recent Court of Appeal decision in Versteegh v Versteegh [2018] has …
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International Focus: Well-prepared

Suzanne Kingston reviews recent developments in the courts’ approach to marital agreements ‘Where a pre-nuptial agreement has a clear purpose, and that purpose is understood by both parties (who have received advice and have an understanding what they are agreeing to give up), it is more likely to be upheld.’ If 2016 taught us anything …
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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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