Podcast Location:
Download it here [file size: 25.7 MB]
Categories:
Family Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
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 suitable for those interested in ancillary relief and the financial provision for spouses under the Matrimonial Causes Act 1973. This podcast aims to inform the listener of the facts and issues at first instance and on appeal and what factors influenced the Court of Appeal in its findings.

The podcast also attempts to identify the issues now in advising clients in a meaningful way on the status of pre-nuptial agreements.

Outcomes:
After completing the course you will:
  • Have been reminded of the orthodox position the courts have taken to pre-nuptial agreements;
  • Be able to follow the softening of judicial attitudes towards pre-nuptial agreements;
  • Understand the facts of Radmacher that made it an unusual case;
  • Understand both the issues at first instance and in the Court of Appeal;
  • Know the approach taken by the judges in the Court of Appeal;
  • Understand how the Radmacher decision relates to other authorities on the status of pre and post nuptial agreements;
  • Be aware of the reform proposals for this area of law.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Radmacher v Granatino [2009] EWCA Civ 649;
  • NG v KR [2008] EWHC 1532 (Fam) [Radmacher at first instance];
  • Hyman v Hyman [1929] AC 601;
  • F v F [1995] 2 FLR 45;
  • K v K [2003] 1 FLR 120;
  • C v C [2004] EWHC 742 (Fam);
  • Ella v Ella [2007] EWCA Civ 99;
  • Charman v Charman (No. 4) [2007]1FLR 1246;
  • Crossley v Crossley [2007] EWCA Civ 1491;
  • MacLeod v MacLeod [2009] 1 All ER 851;
  • Duxbury v Duxbury [1987] 1 FLR 7;
  • Ss 34 to 36 Matrimonial Causes Act 1973;
  • McFarlane v McFarlane [2006] UKHL 24.

This podcast addresses the past and current state of the law relating to the status of pre-nuptial agreements after the case of Radmacher v Granatino [2009] in the Court of Appeal. It will look in detail at the decisions at first instance and in the Court of Appeal.

Podcast added: 13/08/09

This podcast is following the Court of Appeal's consideration of Radmacher v Granatino which was followed by the Supreme Court in [2010] UKSC 42

Podcast last reviewed: 2011-09-26

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