header-logo header-logo

Paper, scissors, stone

07 August 2015 / Margaret Hatwood
Issue: 7664 / Categories: Features , Family
printer mail-detail
nlj_7664_hatwwod

Marry in haste (sign a post-nup) & repent at leisure, says Margaret Hatwood

The recent case of Hopkins v Hopkins [2015] EWHC 812 (Fam), [2015] All ER (D) 85 (Apr) underlines the importance of not signing a pre- or post-nuptial agreement unless you are sure that you wish to be bound by its terms.

Pre-nuptial or post-nuptial agreements (NAs) in England and Wales are not automatically binding, however, there has been movement over recent years for the courts in determining financial issues between divorcing couples to hold the couple bound by NAs subject to certain safeguards. Chief of which are a full and frank financial disclosure at the time the agreement is signed, independent good quality legal advice, lack of duress or improper pressure. Indeed since the case of Radmacher v Granatino [2010] UKSC 42, [2011] 1 All ER 373 nuptial agreements have been upheld if it would not be unfair to do so.

Radmacher: a summary of the findings

The Supreme Court in Radmacher said: “If a…nuptial agreement…is to carry full weight both

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll