I have previously written about my reservations regarding prenuptial agreements. When they are signed, couples are supposed to be committing to a lifetime together, through thick and thin, come what may. But there are so many unknowns in life. Can a prenup affect a marriage’s survival prospects?
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Come Friday, I’ll be watching the royal wedding on television along with everybody else. Being a family lawyer, I have found that when the Big Day comes up in conversation, people ask me about another “royal wedding secret” – one that is rather less romantic than gowns or tiaras. They want to know if I think Kate has signed a prenuptial agreement. There has been a lot of speculation about this, particularly on the other side of the Atlantic where prenups are more common and royal wedding fever is running high. Personally I dislike prenups. Marriage is an equal partnership and I believe that it should begin as one.
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Last week a commenter called Sara left a lengthy response on a post about prenuptial agreements, for which I was very grateful. I read it through several times and instead of replying to her in the comments, I decided to write a post about the points she raised.
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17 January 2011
Lord Justice Munby, the chairman of the Law Commission, who also sits as a judge in the Court Of Appeal (and was one of the judges in Imerman), made a very wise observation last week.
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From the Opinion pages of the Yorkshire Post, 14/01/2011.
Prenups and the law are an uneasy marriage
By Marilyn Stowe
OVER the past few years, prospective brides, grooms and their parents have come to see us in increasing numbers to ask about …
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10 January 2011
The arguments for and against legalising prenups in this country have been done to death and I don’t intend to rehearse them all over again. For the uninitiated, my view is that they will only …
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Wouldn’t the late Princess Diana be incredibly proud of her son, Prince William, who has behaved impeccably in every way to date? This week he gave a great performance on TV when he and his new …
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This week’s edition of The Sunday Times carried a lurid headline, “An end to the goldmine divorce”, with accompanying pictures of the heiress Katrin Radmacher and her former husband Nicolas Granatino. The latter couple’s spectacular and hard fought case involving the validity of a prenuptial agreement, made in Germany between a German and French national living in this country, is due …
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This week the Supreme Court is hearing the case of Radmacher v Granatino, with Mr Granatino arguing that the prenuptial agreement that he signed with his former wife, German heiress Katrin Radmacher, should not be upheld. English law does not automatically uphold a prenup. It is a factor to be taken into account in determining an overall settlement. We do not yet have law which automatically …
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Robin Charrot writes: Prenuptial and postnuptial agreements have been in and out of the news over the past year. Here at Stowe Family Law, the number of new enquiries about prenups and postnups has …
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Prenuptial agreements are in the news again, and last Wednesday I had a conference at our Cheshire offices with Richard Todd QC. He is the lawyer who successfully persuaded the Court of Appeal to …
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My first client of the New Year contacted me whilst I was in Central London for the New Year celebrations.
On New Year’s Eve, at 11.30 pm I was snug in my fleecy dressing gown, cosily watching the freezing crowds on the Embankment on …
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Sir Mark Potter’s appointment in April 2005 to head the Family Division came as a surprise. He arrived apparently almost new to family law, having specialised in commercial law, and his …
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19 August 2008
It appears that I’m not the only one with strong views about pre-nuptial agreements. The FT Weekend Magazine interviewed me for its lengthy cover story on this controversial subject, …
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I was interested to read an excellent article called Pre-nuptial agreements – a rethink required in this month’s Family Law journal. By Christopher Sharp QC of St John’s Chambers in Bristol, it contains an interesting review of the law in that area.
He begins with the famous case of Hyman v Hyman in 1929, where the House of Lords ruled that two parties could not agree to …
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