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Matrimonial property, needs and agreements
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This article considers the present law on matrimonial property agreements and proceeds to consider the recommendations in
Law Com No 343 (2014): 'Matrimonial Property needs and agreements'. Following a glance at the immediate media etc reaction the proposals with regard to 'needs' are summarised together with the prompt decision by Government to require the Family Justice Council to act on them. The intention here is to ‘remove regional variations’ and to help mediators ‘to give financial advice to help separating couples settle disputes out of court’.
The centrepiece of the article is a review of the proposals for 'qualifying nuptial agreements' which if compliant with certain suggested conditions would be guaranteed to stick: contractual validity; deed; made at least 28 days before the wedding; material disclosure; and legal advice. It is suggested that the 'weak link' might be the 'disclosure' requirement.
The Report's recommendation that there be no statutory reform...
Read the full article here.
