Camilla Thornton examines case law post-Radmacher where a party has sought to overturn the terms of a nuptial agreement ‘Only in cases where the parties’ circumstances have changed in a way that was not anticipated will the courts look carefully at the fairness of justifying a pre-nuptial agreement entered into some time ago.’ It has …
Continue reading "Pre-Nuptials: No excuses"
This post is only available to members.
Suzanne Kingston, Mark Haranzo and Delphine Eskenazi review the approaches to pre-nuptial agreements, privacy and alternative dispute resolution in England and Wales, France and the US ‘In the US, property owned by a party prior to marriage, as well as inherited and gifted property received during marriage, is typically considered separate property not subject to …
Continue reading "International Focus: A world apart"
This post is only available to members.
Rita Ku and Philippa Hewitt outline family law in China, and cross-border issues with Hong Kong, in the context of the rapid growth in Chinese high-net-worth divorces ‘A common scenario sees a wife and children living in Shenzhen, Beijing or Shanghai while the husband and father lives and works in Hong Kong.’ The papers are …
Continue reading "International Focus: Developing markets"
This post is only available to members.
In the conclusion to a two-part analysis, Julian Bremner looks at criticisms of costs, unbundled services and weaknesses in the judicial system ‘When judges look at costs estimates, and see costs rising, they need to appreciate that those cases are not representative of how the majority of family cases are dealt with.’Part one of this …
Continue reading "In Practice: Fit for purpose?"
This post is only available to members.
Wills & Trusts Law Reports | October 2015 # 153Having entered into a pre-nuptial agreement, WA (‘the wife’) married HA (‘the husband’) in 1997. The wife was an heiress and the husband brought modest assets of his own to the marriage. They kept their finances separate. The couple and their three children lived on a very large estate (‘the Z estate’) during the marriage and restored it using the wife’s finances.
The marriage broke down in 2014. Both the wife and husband instructed expert family lawyers which supported the brokerage of an agreement. Following disclosure of their respective gross and net incomes, it was agreed tha...
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.
Simon Thomas wonders whether the only certainty that arises from a nuptial agreement is uncertainty ‘There is a desire to end some of the uncertainty that surrounds the responsibilities people have to each other after their formal relationship has ended, and to enhance the extent to which they can make their own agreements.’ The enforceability …
Continue reading "Marital Agreements: On solid ground?"
This post is only available to members.
Claire Reid looks at what is required for the court to conclude that a party has made a stellar contribution ‘The difficulty in comparing different contributions risks discrimination against homemakers. This unfortunate application of the law generates a distasteful distinction in the 21st century.’ In Cooper-Hohn v Hohn [2014] one of the principal issues considered …
Continue reading "Financial Provision: Extra special"
This post is only available to members.
Suzanne Kingston, Stacy Choong, Philippa Hewitt and Natalie O’Shea conclude their comparison of family law in England and Wales, Hong Kong and Singapore ‘In comparison with Hong Kong, the legislature in Singapore is much clearer as to the power of the court in relation to custody.’ The first part of this comparative article considered the …
Continue reading "International Focus: Common ground"
This post is only available to members.
Joanne Hall highlights the potential rebirth of maintenance agreements together with practice and procedure ‘Once it is established that a maintenance agreement is valid, meeting the formalities required, a court can vary or alter the agreement during the lifetime of the parties, when both parties are domiciled and habitually resident in England and Wales.’ In …
Continue reading "Maintenance Agreements: Dead letters?"
This post is only available to members.
