The subject of pre-nuptial agreements is again headline news with the Law Commission's publication of its Report on Marital Property, Needs and Agreements and a recent spate of High Court decisions. Ashley Murray draws upon some of the main recommendations in the Report and compares them with the outcome of two newly reported High Court decisions by Mostyn J in which attempts within divorce financial remedy proceedings were made, under the current law, to undermine the impact of pre-nuptial agreements signed by the parties. In addition, he reviews the approach of Mostyn J in the same cases to the application of the new Legal Services Payment Order and the guidance given as to the relevance of the principle of Compensation in such cases.
The full version of this article appears in the April 2014 issue of Family Law.
Online subscribers can access the full article here.