S v S (divorce: staying proceedings) [1997] 2 FLR 100

Nuptial agreements: Place of preference

Emily Finn considers the approach of the courts to choice of law clauses in nuptial agreements If nuptial agreements are usually binding in the parties’ 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"

This post is only available to members.

International Focus: Overseas influence

Philippa Hewitt explores the impact of Radmacher on the approach to marital agreements in Hong Kong ‘In 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.’ Prior …

Continue reading "International Focus: Overseas influence"

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.