Emily Finn considers the approach of the courts to choice of law clauses in nuptial agreements If nuptial agreements are usually binding in the partiesâ chosen jurisdiction, that should act as a strong indication to the court in England and Wales that parties intend to be bound by the terms, including a choice of law …
Continue reading "Nuptial agreements: Place of preference"
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Julian Hawkhead and Cheryl Grace ask whether pre-nuptial agreements have finally come of age âFor 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 …
Continue reading "Pre-nuptial agreements: Silver solutions"
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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 âIn 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 …
Continue reading "Pre-nuptial agreements: Agreeing to disagree"
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Mark Pawlowski considers a recent decision on the enforceability of pre-nuptial agreements âIt 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.â The recent Court of Appeal decision in Versteegh v Versteegh [2018] has …
Continue reading "Pre-nups and private client: Take note"
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Wills & Trusts Law Reports | Spring 2018 #171When the parties met in July 2000, they had both been previously married. In the husbandâs case, a difficult divorce caused him to set his face against remarriage. He had three sons who spent significant periods of time with their father in a substantial property near Reading (Property G) which had a value of ÂŁ3.35m. He (together with his brother) had a successful business in international travel and tourism, owning 51% of the shares in the company valued at ÂŁ30m. The wife, who had no children, had two rented properties with a combined equity of ÂŁ245,615. By the time she moved into Prope...
Ayesha Vardag and John Oxley analyse the latest judgment in Chai v Peng, and the courtâs approach to the law in a connected jurisdiction âThe UK has clearly avoided European laws that allow for the application of foreign law in English courts, but the approach of judges has not always been consistent.â The decision in …
Continue reading "Financial Provision: Eyes front"
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Izzy Walsh and Floriane Laruelle compare the contrat de mariage with prenuptial agreements âThe French court has no discretion to strike down a contrat de mariage simply on the basis of it being unfair or unjust, and as a result, the formalities for it to be considered a binding contract are much stricter than in …
Continue reading "International Focus: Le mĂȘme mais diffĂ©rent"
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Suzanne Kingston reviews recent developments in the courtsâ approach to marital agreements âWhere 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.â If 2016 taught us anything …
Continue reading "International Focus: Well-prepared"
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Philippa Hewitt explores the impact of Radmacher on the approach to marital agreements in Hong Kong âIn 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.â Prior …
Continue reading "International Focus: Overseas influence"
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Suzanne Todd and Luca Del Panta examine the future of pre-nups in the light of the Law Commissionâs report ââNeedsâ 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.â When, in October 2010, the Supreme Court …
Continue reading "Pre-Nuptial Agreements: Turning of the tide"
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