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‘Freewill vs fairness’ in nuptial agreements: where are we now?

Date:16 MAR 2023
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Stephanie Coker, Barrister, 5 St Andrew’s Hill

The article explores how the Family Court is finding the balance between its aim to achieve fairness in financial remedy proceedings, whilst also respecting parties freewill to enter into agreements regulating the division of their finances upon divorce. In particular, the article considers where we are now post-Radmacher by discussing a few recent cases where nuptial agreements have been a central issue. It concludes by drawing out observations from the cases, which are hoped to assist family practitioners who advise and represent clients with nuptial agreements. 

The full article will be published in the March issue of Family Law



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Read the full article here.