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Antonia Mee from Withers on the Law Commission's review following Radmacher

Date:21 OCT 2010

Antonia Mee -Copyright Withers LLPThe Supreme Court has sent a clear message in its majority decision in Radmacher v Granatino that the judiciary supports law reform in the area of nuptial agreements (both pre nuptial and post nuptial). Even Lady Hale dissenting from the majority view stated that ‘the law of marital agreements is in a mess. It is ripe for systematic review and reform'.

However many legal practitioners have recently completed a questionnaire circulated by the Law Commission seeking views as to other areas of family law which are in need of reform. For family solicitors and their clients one major cause for concern is the uncertain nature of too many areas of matrimonial law; greater clarity on issues such as the definition of ‘matrimonial property' available for distribution on divorce would be welcome; as would clear guidance as to the extent of the court's statutory duty to interpret each party's needs on divorce; and the effect of pre marriage and post divorce cohabitation on financial awards.

Some cases...

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