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An update on the step towards binding English pre-nups - by Tricia Ashton

 

Earlier this year the Supreme Court heard the appeal from the Court of Appeal in the case of Radmacher v. Granatino.  The decision is eagerly awaited by all those interested in English recognition of pre-marital agreements. 

It was initially thought that the Supreme Court would hand down judgment in this case either in July or October 2010.  As we move towards the Summer break next week, it appears likely that judgment will not be until October 2010.  However in the interim the Law Commission is working on a project (started in October 2009) to examine the status and enforceability of agreements between spouses or civil partners.  The Law Commission is planning to publish a consultation paper in Summer 2010 and at that point the timing for publication of a report will be reviewed.  In any event the Supreme Court’s ruling is likely to influence the consultation process and the eventual report and draft bill.

For expert legal advice on pre or post-marital agreements, please feel free to contact Alison Bull or Caitlin Jenkins at Mills & Reeve LLP.

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