An agreement that parties use pre-marriage as a way of retaining their wealth on the breakdown of their marriage
1 of 15
What is a significant case in this area?
Radmacher v Granatino
2 of 15
What was stated by the courts in this case?
Courts should give effect to pre-nuptial agreements which were freely entered into with full implication of its effects
3 of 15
Why is Granatino important?
It developed the law on pre-nuptial agreements
4 of 15
What are the possible ways that a party might argue out of a pre-nuptial agreement?
By arguing that: the agreement was not entered into freely, they were not fully aware of the facts/effect of the agreement, or an occurrence of an unforeseen event after the marriage
5 of 15
What are the two factors to consider when the courts attach weight to an agreement?
1. The circumstances surrounding the making of the agreement. 2. The circumstances surrounding the making of the agreement.
6 of 15
What are some of the factors that a court might look at?
The free will of the parties, the emotional state of the parties, the age and maturity of the parties, has either party been married before?
7 of 15
What are two important issues within the courts judgement of the agreement?
1) Legal advice. 2) Disclosure
8 of 15
What are some case laws in relation to receiving financial/legal advice?
V v V, Hopkins v Hopkins
9 of 15
What was stated in Hopkins v Hopkins?
The wife claimed she had been bullied into the agreement, but because she received legal advice the court concluded that the agreement be upheld/should stand
10 of 15
What is a case example of a party who did not understand what they were signing?
Kremen v Agrest
11 of 15
What are 3 important points / limits to the agreement?
A pary cannot opt out of agreements towards their children, needs and compensation might render it unfair to uphold an agreement, an agreement might displace the sharing principle
12 of 15
What are some case laws after Granatino?
Z v Z, V v V, WW v HW
13 of 15
What was stated in WW v HW?
The husband gave false figures in disclosure, court did not uphold the agreement
14 of 15
What are some conclusions on this area of the law?
The law is muddled and not very developed, Granatino is significant, the court will look at issues of full disclosure, honesty, legal advice and whether it is fair to uphold the agreement
15 of 15
Other cards in this set
Card 2
Front
What is a significant case in this area?
Back
Radmacher v Granatino
Card 3
Front
What was stated by the courts in this case?
Back
Card 4
Front
Why is Granatino important?
Back
Card 5
Front
What are the possible ways that a party might argue out of a pre-nuptial agreement?
Comments
No comments have yet been made