Radmacher Vs Macleod

Better Essays
In 2010 Nora Ephron, a famous writer, created and launched the Divorce section of the Huffington Post, writing its brilliant strapline: “Marriages come and go, but divorce is forever”. With those eight words, the traditional view that “marriage is forever” was changed completely. Christopher Sharp relevantly gives a brief meaning of prenuptial agreements as an understanding in thought of the breakdown of the relationship, looking to enact for the way in which the parties financial assets should be arranged, what constraints should be forced upon the parties to apply for the exercise of the court's discretion or what jurisdiction or discussion they should submit to.

The traditional position in England and Welsh law is that pre-marriage contracts
…show more content…
The current approach of the courts is seen in the case of Radmacher v Granatino. Here, LJ Thorpe's late judgment in Radmacher v. Granatino recognized that subject to specific safeguards, a deliberately built prenuptial agreement "should be accessible as a distinct option for the anxiety, tensions, and cost of a submission for ancillary relief to the width of legal caution". LJ Thorpe's viewpoint corroborates that prenuptial agreements should be legally binding and enforceable subject to a solitary overriding protection of critical foul…show more content…
Morley stresses that a prenuptial contract empowers couples "to assume more responsibility by urging them to look at financial issues they may face as spouses before getting married". He goes ahead to further express that since the English courts appear to recognize a marriage as a partnership, why then "ought to the courts keep the partners from settling on the terms of their partnership?" Cretney demonstrates that if the point of the law is to secure personal autonomy whilst balancing certainty and consistency of the law concerning the designation of property upon separation, it is vital for the state to permit marriage partners to characterize the parameters and stipulations of their
Get Access