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Breaking up is hard to do: matrimonial property

Lisa Pepper takes a look at the key themes behind the Law Commission’s consultation on matrimonial property

11 October 2012

The Law Commission is in the midst of a project examining the law relating to financial consequences of divorce/dissolution of a civil partnership. So, what are they looking at and how does the law in these areas stand currently?

Pre-nuptial agreements

The Commission first issued a consultation paper in January 2011 on prenups and postnups. The most important question addressed in that consultation was the enforceability of such agreements, particularly after the decision of the Supreme Court in Radmacher v Granatino in October 2010.

As part of the government response to the Family Justice Review, it was announced in February 2012 that the Commission would not begin work on a prenups report and draft Bill, but would instead consider two other significant aspects of the fi...

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