Knowledge and resources

The Supreme Court will have the last word, but the facts in Standish raise some very odd issues around the characterisation of assets as either matrimonial or non-matrimonial

This workshop focused on the domestic law of marriage; the recognition of foreign marriages and divorces; and the possibility of making a Part III claim under the Matrimonial and Family Proceedings Act 1984 (MFPA 1984). It was delivered by Tom Dance, Philip Marshall QC and James Roberts QC of 1KBW.

As family law practitioners it is not lost on us that we tend to focus more on marriage breakdown and how people get divorced, as opposed to what the valid requirements are for a legal marriage.

Recent cases are shedding light on the court’s changing interpretations of needs and sharing within the context of prenup agreements.

In the conclusion of a two-part article on the modern law of pre-nups, we explore how the law has developed with respect to pre-nuptial agreements since Radmacher and reflect on what this may mean for the future.

Marital agreements are becoming an everyday part of many family lawyers’ workload and it is in recognition of this increasing role that this guidance note on dealing with them has been revised. If these agreements are not a mainstay of your practice then it is important for you to consider instructing specialist counsel to provide an opinion on the content of the proposed agreement, review the advice you have given or draft the agreement itself.

Family law practitioners should also bear in mind key factors such as choice of court and law when advising on and drafting marital agreements for international parties.

Cohabiting couples may make up the fastest growing family type, but the law doesn't recognise these couples in the same way as those who are married or in a civil partnership.