In practice: Conflicting views

Setfords Solicitors | Family Law Journal | October 2018 #180
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 …

Continue reading "In practice: Conflicting views"

This post is only available to members.

Pre-nups and private client: Take note

University of Greenwich | Trusts and Estates Law & Tax Journal | July/August 2018 #198
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

Withers LLP | Family Law Journal | March 2017 #164
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.

Marital Agreements: A state of uncertainty

Thomas Eggar, part of Irwin Mitchell | Family Law Journal | October 2015 #150
Deborah Levy analyses the approach to a marital agreement where needs and conduct were in issue ‘If a prenuptial agreement deals with these matters in a way that a court might adopt then there should be no difficulty with giving effect to the agreement.’ The latest figures from the Office for National Statistics showed that …

Continue reading "Marital Agreements: A state of uncertainty"

This post is only available to members.