Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
A day in the life Of...
Read on

The inevitable triumph of the ante-nuptial contract

Date:19 JUN 2006

Richard Todd, Barrister, 1 Hare Court. This article is based on the lecture given at the bi-annual 1 Hare Court Lecture, April 2006. The author states that a summary of the salient cases shows a gradual progression towards a greater recognition of ante-nuptial contracts (ANC). Richard Todd has created a useful table of cases to highlight the progression from 1929 to the present day.

Richard Todd says that in a free society, adults should be entitled to enter into private contracts without the interference of the state. In cases of presumed undue influence, the state must necessarily retain a limited supervisory role. Absent such undue influence, the parties should be held to their bargains. It is inevitable, the author says, that in time ANCs will be given the same force as Edgar agreements. See July [2006] Fam Law 539 for the full article.

Click here if you subscribe to the Family Law journal online.