Unfair marital agreements, chaos of EU law and unusual routes to fairness: DB v PB [2016] EWHC 3431 (Fam)

An  English High Court decision reported late last week has highlighted several  real jurisdictional obstacles to producing a straightforward and obvious fair  outcome.  The judge had to overcome the  'technical' obstacles presented by the EU Maintenance Regulation.  He used a statutory device described as an  'unusual' route normally used only by nonmarried cohabitants.  En route he also covered the jurisprudential  issue of needs and sharing in present English family law and how a court should  deal with a marital agreement it has found is unfair.  

Introduction

Ever since the EU Maintenance Regulation was introduced in June 2011 there has been the prospect of different aspects of the affairs of a family on relationship breakdown being dealt with in different countries.  The divorce pursuant to the jurisdiction under Brussels II.  Maintenance needs pursuant to the...

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