
The judge made some interesting comments on the conduct of parties and on what is required to establish ‘undue pressure’.
Lenihan and Couves write: ‘For practitioners, if you intend to run a conduct argument, it must be pleaded properly; you cannot simply run the argument in the background in the hope that it will add colour to your client’s case.’
The court considered whether pre-nups signed pre-Radmacher, a seminal case in this area, could be considered valid. It also looked at the issue of what is reasonable to meet a divorcing party’s needs.
Lenihan and Couves sum up the key takeaways and messages from the case—read more here.