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Hayley Trim's Analysis: Conscientious objections: the Dissent of Woman

Date:21 OCT 2010

Hayley Trim  Family Law PSLFed up of Radmacher yet? This paragraph of Lady Hale's dissenting judgment re-ignited my interest.

 "...the object of an ante-nuptial agreement is to deny the economically weaker spouse the provision to which she - it is usually although by no means invariably she - would otherwise be entitled... Would any self-respecting young woman sign up to an agreement which ... limited her claim to a pre-determined sum for each year of marriage regardless of the circumstances as if her wifely services were being bought by the year?...there is a gender dimension to the issue which some may think ill-suited to decision by a court consisting of eight men and one woman."

Lady Hale at paragraph 137

 - Does the Supreme Court's judgment undermine the anti-discriminatory approach and equal esteem now afforded to the roles of both parties to a marriage by the divorce courts after many years of...

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