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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Prenuptial Agreements: A Practitioner's Handbook 2nd ed isbn 9781908013187

Pre-Nuptial Agreements: A Practitioner's Handbook

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ISBN13: 9781858116013
New Edition ISBN: 9781908013187
Published: May 2008
Publisher: Hammicks Legal Publishing
Country of Publication: UK
Format: Paperback
Price: Out of print

Atthough the government attaches great weight to the importance of the family as a social unit it has indicated it has no present intention of reviewing the law in relation to asset division on marriage breakdown.

In Charman v Charman the Court of Appeal, in a judgment of the court, took the unprecedented course of including a 20 paragraph postscript to its judgment headed “Changing the Law.” This calls for a review of the law, endorsing Lord Hope’s speech in Miller identifying the need for reform of Scottish law and saying that arguably the English statute is in equal need of modernization.

It therefore comes as no surprise that many prospective marriage partners are seeking professional advice as to what steps they may take in order to mitigate the uncertainties of the courts approach to asset division and to bring, if they can, a degree of certainty to their own circumstances if their relationship should break down.

This book, intended for the practitioner, examines the prenuptial agreement, its origins, purposes, enforceability and future uses. It contains practical advice as to best practice and gives guidance upon the appropriate form for prenuptial agreements.

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Family Law
Contents include:
Case Digest
Chapter 1 Introduction to the Prenuptial Agreements
Chapter 2 Analysis of Case Law to date
Chapter 3 The Courts’ Current Approach to Prenuptial Agreements
Chapter 4 Trying to Make a Prenuptial Agreement Enforceable
Chapter 5 Drafting the Prenuptial: Achieving Enforceability
Chapter 6 Precedents;