MacLeod v MacLeod [2008] UKPC 64; WTLR(w) 2009-08 – Law Journals

Marital agreements: Do it well or not at all

Elizabeth Hassall and Andrew Scott consider best practice for marital agreements and the consequences of an agreement that fails to properly provide for both parties The pre-nuptial agreement failed the test in Radmacher, as no provision at all was made for the wife so that she would have ‘undoubtedly’ been in a ‘predicament of real …

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Financial provision: A long shot

Ellie Foster looks at the potential ramifications of the Covid-19 pandemic and the likelihood of a successful application based on Barder There have been pandemics historically but does the immediate and ongoing impact on the global economy of Covid-19 put the 2008 crisis in the shade such that its scale could never have been foreseen? …

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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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Law reform: Ending the ‘meal ticket for life‘?

Teresa Cullen and Anna Wakeling explore proposals to reform financial provision on divorce, and the potential impact of such measures ‘Critics argue that the Bill appears in part to be a reaction to “big money“ cases, and an attempt to restrict disproportionate financial awards, however, these are a very small minority of cases and in …

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International Focus: Competing interests

Lucy Marks and Vitaliy Eremin compare and contrast the matrimonial regimes in Russia and England and Wales ‘If a Russian citizen marries outside the Russian Federation in accordance with local laws, the marriage will be recognised as valid in Russia and therefore Russia will have jurisdiction to deal with the divorce, notwithstanding where the parties …

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International Focus: Binding issues

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Suzanne Kingston and Amy Royce-Greensill summarise the current position on pre-nuptials and set out a comparison of the approach in other jurisdictions ‘When considering a pre-nuptial agreement, the court should take all of the circumstances of the case into account from the basis that each case will turn on its own facts.’ This is the …

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Child Support: Ties that bind

Emma Mould discusses options when dealing with child support issues ‘A contract can clearly only come about where the parties can agree the terms and it will need to be carefully crafted to have the desired effect/s. This will undoubtedly take time and expertise to put together so it is not necessarily a quick, cheap …

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Law Reform: Changing times

Lucy Loizou and Hannah Budd set out the potential options for marital agreements as considered in the Law Commission’s consultation paper ‘Some European jurisdictions do not allow couples to opt out by agreement of their obligations to ‘maintain’ one another after a divorce and a marital agreement can relate only to what would be perceived …

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Radmacher (formerly Granatino) v Granatino WTLR(w) 2010-13

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