Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

29 MAR 2013

Prenuptial agreements: the implications of gender

Somaya Ouazzani

Solicitor, Kingsley Napley LLP:       

This article considers the gender aspects of prenuptial and postnuptial agreements.  It focuses on the practical realities of prenuptial agreements, in particular, the negotiating and bargaining positions of parties proposing to enter into such agreements and the actual effectiveness of the 'safeguards' espoused by the Supreme Court in Radmacher (Formerly Granatino) v Granatino [2010] UKSC 42, [2010] 2 FLR 1900
 
The article argues that rarely are the parties' negotiating and bargaining positions equal, and it is more often than not, the female party who is financially disadvantaged as a consequence of not only signing the agreement, but having been impervious to the practical reality of its often intended, but sometimes unintended outcome.  
 
The article concludes by briefly looking at how these gender imbalances can be minimised to ensure that both parties always understand what it is they are entering into as a matter of practical, legal and financial reality.

The full version of this article appears in the April 2013 issue of Family Law.

Red Book Plus

Family Court Essential Materials

This ready reference guide for all family court practitioners and judges provides a portable...

More Info from £55.00

Family Court Practice 2016, The

(Red Book)

Order your copy today and get the Autumn Supplement

More Info from £465.00
Available in Family Law Online
Subscribe to our newsletters