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The recent decision in Radmacher v Granatino is an important staging post in the development of English law's treatment of prenuptial and other agreements between spouses, providing an analysis and policy direction that contrasts with that offered by the Privy Council in MacLeod v MacLeod. This case commentary examines the reasoning in both decisions, which raise various questions for the Law Commission to consider as it embarks on its project on marital property agreements.
This work provides commentary, checklists, procedural guides and precedents on the subject in a...