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The Meaning of MacLeod

Date:2 APR 2009

Justin Warshaw Barrister, 1 Hare Court
Matthew Brunsdon-Tully Pupil, 1 Hare Court

In December 2008, Her Majesty's Privy Council gave its much-anticipated decision in MacLeod v MacLeod [2008] UKPC 64, [2009] 1 FLR (forthcoming) which has now become the leading case on both 'ante-nuptial' and certainly 'post-nuptial' agreements. The Privy Council declined to adopt the term 'pre-nuptial', despite their use in the two courts below and both sides at the hearing itself using the modern terminology. As is usual in the Privy Council, one judgment was given but the reader is left speculating whether or not it was a unanimous decision.

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

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