Evidence, Practice and Procedure: Financial Agreements: a ‘Concluded Agreement’ Test?

Autonomy after Radmacher

 In Radmacher (formerly Granatino) v Granatino (Rev 4) [2010] UKSC 42 [2010] 2 FLR 1900 the Supreme Court said of a spouse's autonomy to make a decision as to what to agree (whether before marriage or on its breakdown):

 [78] The reason why the court should give weight to a nuptial agreement is that there should be respect for individual autonomy. The court should accord respect to the decision of a married couple as to the manner in which their financial affairs should be regulated. It would be paternalistic and patronising to override their agreement simply on the basis that the court knows best. This is particularly true where the parties' agreement addresses existing circumstances and not merely the contingencies of an uncertain future.

 As against this district judges around the country are - on occasion - still refusing to approve consent orders even where parties are legally represented.

Read the full article here.