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05 May 2023 / Stephen Gold
Issue: 8023 / Categories: Features , Procedure & practice , Civil way , CPR , Divorce
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Civil way: 5 May 2023

Nuptial news; coining it in; in favour of juniors; out with the scissors.

NO MOOR

You will remember Radmacher v Granatino [2010] UKSC 42. Held the Supreme Court’s majority: ‘The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.’ And you may remember the Nuptial Agreements Bill recommended by the Law Commission nine years ago (according to Lord Bellamy in the House of Lords last week, the government would not be legislating in this area while the Commission was reviewing financial provision on divorce, but he hoped it would do so during the lifetime of Baroness Deech, if not his own).

Neither Radmacher nor the Bill had been heard of when the parties in M v A [2023] EWHC 613 (Fam), before Mr Justice Moor, entered into their pre-nuptial agreement (PNA). They each had legal advice, the wife from Maggie Rae at Clintons and the husband from

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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