Are prenuptial agreements a waste of time and money?

July 12, 2010 9 comments

prenuptial agreement

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…

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Prenuptial agreements and the High Holy Days: food for thought

September 30, 2009 1 comment

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 uphold the entirely one-sided prenuptial agreement in the Radmacher v Granatino case.

Family law, pre-nups and Sir Mark Potter

October 21, 2008 0 comments

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 appointment as head of the entire Family Court system was viewed by many commentators as unexpected – to put it mildly. While there were…

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The FT and Pre-nups: Till Divorce Us Do Part

August 19, 2008 0 comments

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, published this weekend. The spoils of war By Richard Tomkins Pre-nuptial agreements may lack romance, but at least they make divorce a less messy business. That’s the theory,…

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“Prenuptial agreements: a rethink required”

August 14, 2008 0 comments

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…

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Prenuptial Agreements: A Family Affair?

August 12, 2008 1 comment

Parents of prospective brides and grooms are coming to see me in increasing numbers, to ask about prenups. My opinions on prenuptial agreements are well known. I don’t like them, do not believe that they are “socially necessary” and do not believe that they should be automatically legally binding. I would not have signed one myself…

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Pre-nups and politics: Dear Prime Minister…

June 12, 2008 0 comments

An open letter to Rt Hon Gordon Brown MP, Prime Minister. Dear Prime Minister, Joshua Rozenberg interviews the Chairman of the Law Commission in today’s Daily Telegraph. Three family law matters are touched upon: reform of ancillary relief law, pre-nuptial agreements and cohabitation law reform. I note that there will be no reform of the…

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