Radmacher v Granatino [2010] UKSC 42; WTLR(w) 2010-13 – Page 2 – Law Journals

In practice: The winds of change

Suzanne Todd examines family law developments during the millennium so far and what the future holds ‘It is essential for family lawyers to have a bank of highly regarded therapists, counsellors and coaches to whom they can refer clients to ensure that they have the expert advice that they need.’ The 21st century has seen …

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Pre-nuptial agreements: Silver solutions

Julian Hawkhead and Cheryl Grace ask whether pre-nuptial agreements have finally come of age ‘For those over the age of 65 who have built up their pensions over a long working life and entirely prior to marriage, it will be of great importance to them to ensure that there is clarity as to how their …

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Marital agreements: Searching for fairness

Abigail Lowther considers pre-nuptial agreements and the requirement for needs to be met to ensure such an agreement is valid ‘While the husband could be expected to meet his own needs from income, the possible impact on the children of seeing their father as the “poor relation” would create an unhappy and divisive disparity in …

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International focus: Asking the right questions

Suzanne Kingston and Ciara Moore highlight key considerations for pre-nuptial agreements around the world A panel discussion at the International Academy of Family Lawyers (IAFL) meeting in Stuttgart regarding international pre-nuptial agreements included brilliant lawyers from around the world, who have helped prepare this article. We considered a number of the key issues of the …

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Pre-nuptial agreements: Agreeing to disagree

Vikkie Chetcuti examines case law developments on pre-nuptial agreements, in particular as to legal advice, jurisdiction clauses, needs and sharing, in the post-Radmacher era ‘In Brack the Court of Appeal grappled with the issue of whether the mere existence of a valid pre-nuptial agreement meant the court was constrained as a matter of course from …

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Marital agreements: Loud and clear?

Judith Klyne highlights the significance of legal advice on the terms of a marital agreement, and whether the lack of such advice will be fatal to its validity ‘Legal advice will be a useful indication to the court that the parties have had the terms of their agreement explained to them, but the absence of …

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Special contribution: A rare bird

Catherine Doherty asks whether case law has effectively restricted stellar performance arguments to financial contributions only ‘In XW v XH Baker J acknowledged the need to exercise caution with respect to the domestic contribution of the wife, as homemaker, to the welfare of the family.’ Since Cowan v Cowan [2001] was decided by the Court …

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In practice: Conflicting views

Chrissie Cuming Walters highlights the dichotomy of modern family law on financial provision: autonomy versus paternalism ‘The fairness of provision in any nuptial agreement entered into is likely to erode over time and potentially be subsumed by changing circumstances through the passage of time, allowing for an increased use of paternalism.’ Many practitioners would agree …

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Marital agreements: Proceed with caution

Joe Ailion highlights a case in which, inter alia, a lack of legal advice in relation to a pre-marital agreement did not protect a dissenting party ‘It would be impractical, and prohibitively expensive, for parties to obtain advice in any of the multiple possible matrimonial regimes in which a “globe-trotting” couple may divorce.’ In a …

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Pre-nuptial agreements: A balancing act

James Ferguson and Katie Male look at the courts’ approach to the weight to be given to a pre-nuptial agreement freely entered into by the parties, and the need for overarching fairness ‘Roberts J had to address the question of what “needs” means in circumstances where a pre-nuptial agreement has been entered into, the purpose …

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