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Vol 23 No 5 May/June 2018

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Todds' Relationship Agreements

ISBN13: 9780414023031
Published: December 2013
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £129.00 + £2.58 VAT

In stock.

Todds' Relationship Agreements brings together in one source comprehensive guidance on the law relating to all types of relationship agreement.

It covers cohabitation, prenuptial and postnuptial agreements, agreements in respect of children, “Edgar” agreements and marital settlements, setting out the current status of each one in English law and explaining what is and is not permissible within each agreement.

  • Features a range of precedents supported by procedural checklists
  • Gives detailed drafting advice, highlighting what should be included and what should not
  • Details precisely how to decide if an agreement was unconscionable at the date of its inception, considering duress, undue influence, mistakes, inadequate Legal advice, etc.
  • Suggests a framework for calculating fair figures to put in a pre-nuptial agreement and a methodology for determining these
  • Looks at conflict of jurisdictions – the key Issue behind the landmark Radmacher case
  • Examines the enforceability of these agreements against third parties, e.g. estates
  • Details the tax considerations on entering such agreements
  • Looks at the use of “fault” clauses in prenuptial agreements, e.g. different provisions in the case of adultery
  • Includes summaries of the leading cases in this area

Family Law
General introduction
Undue influence
Material non-disclosure
Absence or inadequacy of legal advice
Clauses which oust the jurisdiction of the Court
Other matters which might vitiate an agreement
Agreements which are manifestly unfair at the date of their enforcement
Enforceability of these agreements against Third Parties
The tax considerations on entering relationship generated agreements
History of these agreements
Current status in English law
Form of the agreement
Special considerations for property agreements
The extent to which these agreements are enforceable
Exceptional clauses
Historical development
Current status in English law
Special considerations for pre-nuptial agreements
"Fault" clauses
History and development of these agreements
Current status in English law
Current status in English law
The difference between Xydhias, Edgar, Soulsbury and Rose orders
Necessary requirements
Factors underm