Law Commission - Consultation on the Future of Marital Property Agreements
- Podcast Location:
- Download it here [file size: 24.3 MB]
- Part of:
- Law Reform Bundle 2011 - CPD Training Bundle
- Categories:
-
Family Law
- CPD Points:
- Up to 1 point. details »
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- Cost:
- a) £65+VAT for this CPDcast only
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- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
This podcast is aimed at practitioners with an interest in ancillary relief. It aims to explore the context in which the current debate on the future of marital property agreements is being conducted. The Law Commission is currently consulting on reform proposals and it is hoped that this podcast will help to stimulate some response from the profession.
- Outcomes:
- After completing the course you will:
- Be aware of the traditional policy arguments and history that have surrounded the idea of marital contracts;
- Be aware of the important role cases like White v White and Radmacher v Granatino have had in shaping the law;
- Understand where marital property agreements sit in relation to existing principles of ancillary relief;
- Be aware of the systems that operate in different common law and civil law countries;
- Be aware of the issues in seeking to reform the law;
- Understand what proposals may form the basis of reform in the future.
- Level:
- General Interest
- Classification:
-
Case Update
Legal Principles
Legislative Updates
- Sources and References:
-
- Radmacher v Granatino [2010] UKSC 42;
- Matrimonial Causes Act 1973;
- Married Women’s Property Act 1882;
- Hyman v Hyman [1929] AC 601;
- White v White [2000] UKHL 54;
- S v S [2006] EWHC 2793 (Fam);
- Law Commission materials on this topic.
This podcast is about the possible reform of the law concerning pre-nuptial and post-nuptial agreements following the Supreme Court’s judgment in Radmacher v Granatino. Professor Elizabeth Cooke leads the family, trust and property law division of the Law Commission which is currently looking at possible reform. The podcast will examine several of the policy objections to marital property agreements, their relationship to the principles the courts apply in ancillary relief and the alternative approaches taken in other countries.
