Hardwicke Building Barrister Ajmal Azam delivered a seminar for Y-Resolution at Withers yesterday on the topic of Pre-nuptial agreements. Ajmal focused on the recent decisions in NG v KR [(Pre-nuptial contract)  EWHC and the decision of the Privy Council in MacLeod v MacLeaod  UKPC 64. The decision in NG is subject to an appeal (Radmacher v Granatino) and judgment is expected shortly. Pre-nuptial agreements have been gaining popularity and recent case law has demonstrated an increased willingness on the part of the courts, provided certain fundamental safeguards are met, to give greater weight to prenups in appropriate cases than has previously been the case. Prenups do however remain unenforceable as contracts in their own right and will not bind the court or oust the court’s jurisdiction. The Law Commission has announced that it will report on Pre-nuptial agreements and a Report is expected in 2012.
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