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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Prenuptial Agreements: A Practitioner's Handbook 2nd ed

ISBN13: 9781908013187
Previous Edition ISBN: 9781858116013
Published: May 2011
Publisher: Nova Law and Finance
Country of Publication: UK
Format: Paperback
Price: £75.00

In stock.

Recent UK statistics indicate that approximately one in three marriages end in divorce, and the UK has one of the highest divorce rates in the European Union. In many cases the former spouses are able reach an agreement on the division of assets and on their respective financial obligations, with assistance from their lawyers and/or mediators.

Sometimes however it becomes necessary for a court to adjudicate, and 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. The vehicle for this purpose is the Prenuptial Agreement.

The most significant development since the publication of the first edition of this book in April 2008 has been the Supreme Court decision in Radmacher, which held that “the court should give effect to a nuptial agreement that is entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.” This book, intended for the practitioner, examines the prenuptial agreement, its origins, purposes, enforceability and future uses.

It includes a digest of all the key authorities in this field, with in-depth analysis of the relevant case law. It also provides advice as to best practice and gives guidance on the appropriate form for prenuptial agreements with reference to a series of precedents that describe commonly encountered scenarios. Most importantly this new edition offers the most comprehensive study of the law relating to prenuptial agreements post-Radmacher and also includes the complete text of the Supreme Court ruling.

With case law now allowing pre-nuptial agreements, this timely book provides an excellent and authoritative guide to the law and drafting of these agreements.

Family Law
Table of cases
Table of statutes
Case Digest (1929 - present)
Chapter 1 Introduction to the prenuptial agreements
Chapter 2 Analysis of Case Law prior to Macleod and Radmacher
Chapter 3 Analysis of Macleod and Radmacher
Chapter 4 Trying to Make a Prenuptial Agreement Enforceable
Chapter 5 Drafting the Prenuptial– Achieving Enforceability
Chapter 6 Precedents
1. ‘The Young Couple’
2. ‘The Second Timers’
3. ‘The Foreign Couple’
4. ‘The Heiress’
5. ‘The Businessman’
Appendix A Post Script to Charman
Appendix B "Supporting Families" Consultation Paper and the Response of the Judges of the Family Division
Appendix C The Radmacher judgement