Podcast Location:
Sorry, this podcast has been removed as it is now out of date
Categories:
Family Law
CPD Points:
Up to 1 point. details »

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

Regulated by ILEX:
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Listen only, gain ½ a CPD point (30 minutes)

Cost:
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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:

The aim of this CPDcast is to provide family law practitioners with an overview of the current level of enforceability of pre-nuptial agreements. This is to be achieved by the examination of the historical and socio-economic context and by charting the development of the courts attitudes towards such agreements. By expanding the protections mooted in the Government’s White Paper ‘Supporting Families’, it is intended that those drawing up pre-nups will be sufficiently equipped to draft a document amenable to the court.

Outcomes:
After completing the course you will:
  • Have a understanding of the general position with regard to pre-nuptial agreements as the law currently stands;
  • Be aware of the background to pre-nuptial agreements and the existing case law;
  • Develop an awareness of where the issue of pre-nups sits in relation to ancillary relief as a whole;
  • Have heard an opinion on the future of the law in this area;
  • Be in possession of some practical tips with regard to advising clients.
Level:
Intermediate Difficulty: 3 of 5
Sources and References:
  • Crossley v Crossley [2007] EWCA Civ 1491; [2008] 1 FLR 1467;
  • K v K (Ancillary Relief: Prenuptial Agreement) [2003] 1 FLR 120;
  • F v F (Frick) (Ancillary Relief: Substantial Assets) [1995] 2 FLR 45;
  • Hyman v Hyman [1929] AC 601;
  • N v N (Foreign Divorce: Ancillary Relief) [1997] 1 FLR 900;
  • Bennett v Bennett [1952] 1 KB 249;
  • M v M (Ancillary Relief: Pre-nuptial Agreement) [2002] 1 FLR 654;
  • NA v MA [2007] 1 FLR 1760;
  • G v G [2000] 2 FLR 18;
  • S v S (Divorce: Staying Proceedings) [1997] 2 FLR 100;
  • Charman v Charman (No 4) [2007] 1 FLR 1246;
  • Camm v Camm (1983) 4 FLR 577;
  • Ella v Ella [2007] 2FLR 35;
  • Moore v Moore [2007] EWCA Civ 361;
  • Miller v Miller; Macfarlane v Macfarlane [2006] UKHL 24;
  • Matrimonial Causes Act 1973;
  • Family Procedure Rules.

In this CPDcast, ancillary relief expert Alexander Chandler from family set 1 Garden Court, discusses both the background to and future of pre-nuptial agreements following the case of Crossley v Crossley. The public policy reasons behind the reluctance of the courts to enforce such agreements is examined. Practical advice in the form of safeguards to be met is offered to practitioners when drafting pre-nuptial agreements.

Podcast Added: 10/10/2008

This course has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.

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