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Family Law

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Court of Protection Practice and Procedure Conference 2016

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22 SEP 2011

Should greater prominence be given to pre-nuptial contracts in the law of ancillary relief? [2004] CFLQ 399

In this article the position in English law in relation to pre-nuptial contracts is discussed, with an examination of the advantages and disadvantages of giving greater prominence to such contracts. There is some discussion as to what safeguards might be necessary if the wide system of judicial discretion in this area were to be replaced by a move towards either legislatively enacted guidelines for enforceability, or at least a presumption of enforceability, whilst retaining a more limited role for the courts. Some reference is made to the legal position in Europe, South Africa, the United States, and Australia.

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