SA v PA (Premarital Agreement: Compensation) [2014] EWHC 392 (Fam) – Law Journals

Financial remedies: A misspent youth?

Barbara Reeves reflects White v White, 21 years after this seminal judgment, and the development of the law since Financial outcomes for women on divorce tend to be worse than for men across the board and compensation might have been an ideal way to seek to remedy this position, but unfortunately, so far, it appears …

Continue reading "Financial remedies: A misspent youth?"

This post is only available to members.

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 …

Continue reading "Pre-nups and private client: Take note"

This post is only available to members.

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 …

Continue reading "International Focus: Well-prepared"

This post is only available to members.

Periodical Payments: Road to independence

Lisa Bray summarises the current case law on joint lives periodical payments orders and considers whether there is an increasing trend towards term orders ‘While the starting point is to put each party on the road to independence, the reality is that in recent years we have seen many judges showing a reluctance to make …

Continue reading "Periodical Payments: Road to independence"

This post is only available to members.

Financial Provision: Fair shares?

Michael Gouriet and Natalie O’Shea consider the validity of the compensation argument in financial remedy proceedings ‘Do family lawyers need to quantify a client’s potential claims on an “either/or” basis (loss-related and needs-related) so as to be prepared to run the case either way?’ The Court of Appeal judgment in H v H [2014] confirms …

Continue reading "Financial Provision: Fair shares?"

This post is only available to members.

Pre-Nuptial Agreements: Turning of the tide

Suzanne Todd and Luca Del Panta examine the future of pre-nups in the light of the Law Commission’s report ‘“Needs” in the context of a pre-nuptial agreement can be significantly less than they would otherwise be. But where the guillotine falls in any given case is intensely fact-specific.’ When, in October 2010, the Supreme Court …

Continue reading "Pre-Nuptial Agreements: Turning of the tide"

This post is only available to members.