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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll