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Family Law

The leading authority on all aspects of family law

19 JUN 2006

The inevitable triumph of the ante-nuptial contract

Richard Todd, Barrister, 1 Hare Court. This article is based on the lecture given at the bi-annual 1 Hare Court Lecture, April 2006. The author states that a summary of the salient cases shows a gradual progression towards a greater recognition of ante-nuptial contracts (ANC). Richard Todd has created a useful table of cases to highlight the progression from 1929 to the present day.

Richard Todd says that in a free society, adults should be entitled to enter into private contracts without the interference of the state. In cases of presumed undue influence, the state must necessarily retain a limited supervisory role. Absent such undue influence, the parties should be held to their bargains. It is inevitable, the author says, that in time ANCs will be given the same force as Edgar agreements. See July [2006] Fam Law 539 for the full article.

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