The fairness of Radmacher

In White and then Miller; McFarlane the House of Lords told us that a fair division of income and capital was the imperative; there was no place for gender discrimination in matrimonial finance; and need, compensation and/or sharing were the three rationales for making an order.

Full article: Family Law

Mind the Gap: The inherent jurisdiction and common sense to the rescue

In the current climate of anxiety about the impact of financial cuts, I was heartened to read the judgment of the President in A Local Authority v DL [2010] EWHC 2675 (fam) given on 25 October 2010.

Full article: Family Law

Radmacher judgment will boost demand for pre-nups – but issues remain

Publicity surrounding the Supreme Court’s judgment in Radmacher (rather than the outcome of the case) is likely to be the single most important factor in increasing demand for pre-marital agreements.

Full article: Law Society Gazette

The Development of the Law in Cohabitation Cases Since Stack v Dowden

John Wilson barrister, 1 Hare Court’s detailed review of the Development of the Case law in Cohabitation Claims since Stack v Dowden.

Full article: Family Law Week

The Importance of Pathway Plans and Local Authorities’ Duties to Care Leavers

Oliver Studdert, Partner at Maxwell Gillott Solicitors, considers the obligations upon local authorities to children leaving their care.

Full article: Family Law Week

Conscientious objections: the Dissent of Woman

Fed up of Radmacher yet? This paragraph of Lady Hale's dissenting judgment re-ignited my interest.

Full article: Family Law

Antonia Mee from Withers on the Law Commission's review following Radmacher

The Supreme Court has sent a clear message in its majority decision in Radmacher v Granatino that the judiciary supports law reform in the area of nuptial agreements (both pre nuptial and post nuptial).

Full article: Family Law

Radmacher v Granatino [2010] UKSC 42

Case summary by Hayley Trim, Family Law PSL at Jordan Publishing and formerly a family solicitor practising in London.

Full article: Family Law

Marital agreements after Radmacher for international families

The Supreme Court decision in Radmacher on 20 October 2010 was always going to have significant impact in the international family community. And so it has proven.

Full article: Family Law

Improperly obtained documents in divorce proceedings

In light of the Court of Appeal’s ­decision in Tchenguiz v Imerman; Imerman v Imerman [2010] EWCA Civ 908, all family lawyers are obliged to reconsider the advice given to clients in respect of ­improperly obtained documents.

Full article: Law Society Gazette

Leaning one way

Were gender politics at play in the decision handed down by the Supreme Court in the Radmacher divorce case?

Full article: The Lawyer

Radmacher v Granatino: Preliminary Thoughts on the Decision of the Supreme Court

James Turner QC of 1 King’s Bench Walk provides his initial thoughts on the Supreme Court’s decision in Radmacher v Granatino.

Full article: Family Law Week

Radmachered...

This morning the Radmacher case decision was announced. It is essentially a decision about whether prenuptial agreements mean anything under English Law, and whether they can be enforced. They do and they can, basically.

Full article: Family Law

Radmacher - Fettering but not ousting

Radmacher v Granatino is the latest confirmation that the legal regulation of the family has become a matter for the Judiciary and not Parliament.

Full article: Family Law

Toothless?

Entering a Sears Tooth Deed with a client assigning such proportion of the ultimate award as covers the outstanding legal fees is not an ideal situation.

Full article: Family Law

Radmacher awaited

With the Supreme Court decision in the major premarital agreement case of Radmacher expected within the next month, what should practitioners be looking out for, especially in respect of international elements?

Full article: Family Law

Autumn Finance and Divorce Update

Joanna Grandfield, barrister with Mills & Reeve, analyses the latest key ancillary relief cases.

Full article: Family Law Week

Part III and the second bite of the Lychee

How much should the family courts of one country interfere with the final decisions of the courts of another country when there has been jurisdiction, proper investigation, disclosure, good legal representation and unbiased adjudication?

Full article: Family Law