David Hodson on International Family Law: Radmacher awaited

With the Supreme Court decision in the major premarital agreement case of Radmacher expected within the next month what should practitioners be looking out for especially in respect of international elements? There were at least nine judges sitting on the case most without any real family law background whatsoever. The judgements are likely to contain quite contradictory elements with many facets of English law and traditions coming together as a consequence of the different backgrounds of the judges. This might be highly healthy and invigorating for family law. It might though contain elements which have been so far foreign even alien to family law traditions.

At present under English law a jurisdiction clause in a premarital or marital agreement carries substantially more weight than the terms of the agreement itself. In a forum dispute in deciding which is the more appropriate country in which proceedings should take place the English courts give very considerable weight to the fact that the parties have chosen a particular forum within a...

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