Nuptial Agreements in Financial Remedy Proceedings - Where Are We Now?

Introduction

Since the landmark decision in Radmacher v Grantino, more cases involving parties who have entered into pre-nuptial or post-nuptial agreements have come before the family courts.

In these cases, the courts have been invited to assess the fairness of these agreements as part of exercising its discretionary powers in financial remedy proceedings. As further cases are reported, the jurisprudence in this area has developed, helpfully providing insight into the court’s approach to nuptial agreements.

This webinar seeks to provide an update on where we are now in terms of law and practice regarding nuptial agreements through an exploration of post-Radmacher case law.

What You Will Learn

This webinar will cover the following:

• What are nuptial agreements, and what these agreements can include
• A recap of the guidance from the Supreme Court case of Radmacher v Granatino
• A discussion and analysis of cases involving pre and post-nuptial agreements post-Radmacher to illustrate how the courts are balancing the pendulum between fairness and freewill
• Practical tips and considerations in light of the recent cases and what it means for the parties that family law practitioners represent, including potential costs consequences
• Bringing an application to challenge a nuptial agreement and being on the receiving end of an application and what can be done to resist it

This webinar was recorded on 6th July 2023