header-logo header-logo

12 November 2010 / Jonathan Herring
Issue: 7441 / Categories: Features , Family
printer mail-detail

20:10:2010

Jonathan Herring on the death knell of marriage

he twentieth of October 2010. Mark that date in your diary. It was beginning of the end for marriage. On that day the Supreme Court in Radmacher v Granatino [2010] UKSC 42 made a decisive step toward reducing marriage to a contract: marriage diminished to a private autonomous agreement between individuals.

I say a step towards reducing marriage to a contract because, of course, their lordships were not saying that pre-marriage agreements are now binding contracts. They made it clear that a court could make an ancillary relief order under the Matrimonial Causes Act 1973 that departed from a “pre-nup” where it would not be fair to hold the parties to the agreement. They gave examples when a pre-nup would not be fair: where it fails to provide for the needs of the children or for the needs of a spouse (paras 76, 77).

However, that should not disguise the fact the decision marks the contractualisation of marriage. In the future, in ancillary relief cases involving a pre-nup the starting point will be that the pre-nup will be

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll