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The Law Commission's Consultation on Marital Property Agreements

Date:1 FEB 2011

Elizabeth Cooke

Professor Law Commissioner for England and Wales

As I write in the first week of January 2011 the turkey has all been eaten the mince pie stockpiles have been demolished and the tree has shed most of its needles. It is time to get back to work. Likewise the appeal in Radmacher (Formerly Granatino) v Granatino [2010] UKSC 42 [2010] 2 FLR 1900 has been heard the Supreme Court's decision has been handed down and reported and we have digested the robust decision of the majority and Lady Hale's thought-provoking dissent. Now it is time to look again at pre-nups and post-nups under the spotlight of independent consultation. This article based on our Executive Summary which can be downloaded from our website summarises the Law Commission's consultation paper and invites readers to let us have their views.

The Law Commission undertook in its 10th programme of law reform published in June 2008 to carry out a project about marital property agreements. We use that term to...

Read the full article here.