The Law Commission’s Report on Pre-Nuptial Agreements
January 11th, 2011
The Law Commission has today published a consultation on the future of pre-nuptial agreements, seeking views from the public on a range of potential options for reforming the law of pre-nuptial, post-nuptial and separation agreements – contracts made by couples before or during their marriage or civil partnership that are intended to govern their financial arrangements if their relationships end.
Publication of the consultation was delayed pending the Supreme Court’s decision in Radmacher v Grantino [2010] UKSC 42. In this case, Katrin Radmacher, a German heiress successfully defended her pre-nuptial agreement in a landmark case in the English courts.
In its consultation, the Law Commission is asking whether the current legislation provides the right basis for determining the effect of marital property agreements, or whether a new approach is needed. Could reform bring more autonomy and certainty to couples who want to enter into such agreements, whilst retaining sufficient safeguards to protect vulnerable spouses and children?
Marian Lynch, matrimonial partner at Pitmans, said that “bringing pre-nuptial agreements within the law is long overdue. In a modern society where many people marry more than once during their lifetime, pre-nuptial agreements have a vital role to play protecting people from exploitation.”
Professor Elizabeth Cooke, the Law Commissioner project leader said that “pre-nups were a topical issue” and “our consultation paper considers the arguments for and against reform and examines how a new approach might balance the desire of some couples to plot their own future with more certainty against exploitation and the creation of hardship. This is an issue that needs to be handled with care.”
Read more of The Law Commission’s Report on Pre-Nuptial Agreements
For further Matrimonial advice, please visit Pitmans Matrimonial website or contact our team direct.
Marian Lynch
+44 (0)118 957 0547
mlynch@pitmans.com
Pitmans Boosts Matrimonial Team With Director Appointment
January 11th, 2011
Leading law firm Pitmans has expanded its Matrimonial department with the appointment of Owen Reynolds as Director.
A family law specialist since 1996, Owen trained and qualified at Rowberry Morris in 1998, and became a partner in 2002. He joined The Head Partnership in 2006 to establish a matrimonial department in their Henley office.
Owen specialises in matrimonial finances including divorce, cohabitee disputes and Children Act matters. He also undertakes pre-nuptial and cohabitation agreements for the prevention of future disputes. Owen is a qualified Collaborative Lawyer, and a member of the Family Law Panel, Resolution, Reading & Berkshire Solicitor’s Association, and is a Berks & Bucks Resolution committee member. He is a former Chair of the Thames Valley Family Lawyers Society and previous Treasurer of the Thames Valley Collaborative Law Pod.
Marian Lynch, Head of Matrimonial commented:
“I am thrilled to welcome Owen to Pitmans. His expertise adds further strength and depth to our leading family/matrimonial team. Moreover his specialism in collaborative law is of particular value as we assist private individuals to resolve their differences out of court. It’s always pleasing to welcome a high calibre lawyer to Pitmans, and Owen’s background will make him an asset to both the team and the Firm as a whole.”