Family law (pre-nuptial agreements) Academic Essay

Does the current law relating to the treatment of pre-nuptial agreements in financial proceedings on divorce achieve a balance between granting parties autonomy over their financial futures and allowing the court discretion to achieve fairness, or in your view is reform required? In preparing your report you need to address the following areas:
1. The development of the law regarding pre-nuptial agreements.
2. The current position relating to the treatment of pre-nuptial agreements in financial proceedings on divorce and how this compares to other jurisdictions.
3. Your views about whether currently a balance is achieved.
4. The Law Commission’s proposals for reform in this area.
5. If relevant, your proposals and rationale for reform.
 

 

 

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