header-logo header-logo

05 May 2023 / Stephen Gold
Issue: 8023 / Categories: Features , Procedure & practice , Civil way , CPR , Divorce
printer mail-detail

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

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