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

18 JUN 2012

Fairness, freedom and foreign elements – marital agreements in England and Wales after Radmacher v Granatino [2011] CFLQ 513

The Supreme Court's long-awaited decision in Radmacher (Formerly Granatino) v Granatino [2010] UKSC 42, [2011] 1 FLR 1851 has been criticised by some as a blow against the status and significance of marriage. By contrast, this article argues that the decision strikes a reasonable balance between paternalism and party autonomy and, if applied properly, does not jeopardise the protection of the weaker spouse and the children. Furthermore, it is perfectly in line with developments in Europe (and indeed Western jurisdictions around the world). The remaining uncertainty, criticised by others, is actually necessary, unavoidable and even desirable in an ancillary relief system which generally leaves the financial remedies in case of divorce to the discretion of the courts.

Family Court Practice, The

(Red Book)

The Red Book is the acknowledged authority on practice and procedure

More Info from £498.00
Available in Family Law Online
Female Genital Mutilation

Female Genital Mutilation

Law and Practice

Covers the law, practice and procedure in respect of FGM and also includes wider contextual...

Subscribe to our newsletters