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	<title>Comments on: Prenuptial agreements and the High Holy Days: food for thought</title>
	<atom:link href="http://www.marilynstowe.co.uk/2009/09/30/prenuptial-agreements-and-the-high-holy-days-food-for-thought/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.marilynstowe.co.uk/2009/09/30/prenuptial-agreements-and-the-high-holy-days-food-for-thought/</link>
	<description>Where Family Law Meets Family Life</description>
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		<title>By: Nick Gulliford</title>
		<link>http://www.marilynstowe.co.uk/2009/09/30/prenuptial-agreements-and-the-high-holy-days-food-for-thought/#comment-400</link>
		<dc:creator>Nick Gulliford</dc:creator>
		<pubDate>Thu, 01 Oct 2009 17:20:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.marilynstowe.co.uk/?p=1237#comment-400</guid>
		<description>Actually, my view is very slightly different from how you describe it, Marilyn. Mine is not simply a &#039;religious&#039; position - which it is - but it is also public policy in England to uphold marriage as exclusive and lifelong, therefore anything which undermines that - like making pre-nuptial agreements legally enforceable - is against public policy.

However, since there is nothing to stop couples entering into them, I believe courts can take account of them, but should vary them if the outcomes would be manifestly unfair to one of the parties in the light of changed circumstances.

Having said that, if divorce were only available by mutual consent, there would be no need for an enforceable pre-nuptial agreement as couples would themselves take account of their circumstances and come to a responsible decision - or not - in which case they would have to settle for a legal separation.

There is one further point, if the Conservatives don&#039;t want to make fools of themselves. They can&#039;t - in my view - champion the cause of teaching children history and in the next breath chuck several thousand years of tradition out of the window without realising that children will see straight through it. Children will say, &#039;hang on a minute, you expect us to learn and understand our history and traditions, and yet you politicians try to drop them as soon as you detect some minor notional political advantage&#039;.</description>
		<content:encoded><![CDATA[<p>Actually, my view is very slightly different from how you describe it, Marilyn. Mine is not simply a &#8216;religious&#8217; position &#8211; which it is &#8211; but it is also public policy in England to uphold marriage as exclusive and lifelong, therefore anything which undermines that &#8211; like making pre-nuptial agreements legally enforceable &#8211; is against public policy.</p>
<p>However, since there is nothing to stop couples entering into them, I believe courts can take account of them, but should vary them if the outcomes would be manifestly unfair to one of the parties in the light of changed circumstances.</p>
<p>Having said that, if divorce were only available by mutual consent, there would be no need for an enforceable pre-nuptial agreement as couples would themselves take account of their circumstances and come to a responsible decision &#8211; or not &#8211; in which case they would have to settle for a legal separation.</p>
<p>There is one further point, if the Conservatives don&#8217;t want to make fools of themselves. They can&#8217;t &#8211; in my view &#8211; champion the cause of teaching children history and in the next breath chuck several thousand years of tradition out of the window without realising that children will see straight through it. Children will say, &#8216;hang on a minute, you expect us to learn and understand our history and traditions, and yet you politicians try to drop them as soon as you detect some minor notional political advantage&#8217;.</p>
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