Pre-Nuptial Agreements

kazzasingh's version from 2018-04-26 14:06


Question Answer
Macleod v Macleod [2008]The current rule is that Pre-Nuptial agreements are not enforceable as a contract as this is contrary to public policy. HELD: change to this rule must come from statute.
F v F [1995]Pre-Nuptial agreements have 'very limited significance'.
Crossely v Crossley [2007]Factor of magnetic importance. Party autonomy increasingly important.
Radmacher v Granatino [2010]Pre-Nuptial agreements are enforceable but not binding. HELD: 'The court should give effect to a nuptial agreement that is freely 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.'
AC v DC (No2) [2012]Agreement not upheld where the wife had never had any legal advice on the proposed agreement, which had been entered into long before Radmacher
Sf SA v PA (Pre-marital agreement (Compensation) [2014]Wife had only the impartial but not strictly independent legal advice of the notary but deemed to have freely entered into it with sufficiency of advice to enable her to appreiciate its implications. HELD: only a sufficiency of disclosure needed for a decision to be made.
BN v MA [2013]'Suffiency of disclosure' as opposed to 'full disclosure' was all that was required. Just enough to make it seem as if the parties signing the agreement knew what they were doing.
Luckwell v Limata [2014]If there had not have been a pre-nup, the husband's needs would have been interpreted far more generously. HELD: needs cannot be interpreted generously in the case of a pre-nup agreement.
AH v PH [2013]It may be right to pay regard to an improperly formed agreement