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Miller/McFarlane and MacLeod - The Duality of Law-making

Date:30 APR 2009

Miles Geffin, Professional Support Lawyer, Mishcon de Reya

In MacLeod v MacLeod (Isle of Man) [2008] UKPC 64, [2009] 1 FLR 641, the Board of the Privy Council held that 'the difficult issue of the validity and effect of ante-nuptial agreements is more appropriate to legislative rather than judicial development'. The purpose of this article is to explore why the Law Lords were bound to exercise their judicial function to develop social policy in Miller v Miller, McFarlane v McFarlane [2006] UKHL 24, [2006] 1 FLR 1186 whilst, in MacLeod, bound to defer to Parliament on the validity on ante-nuptial agreements.

To read the rest of this article, see May [2009] Family Law journal.

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