Home / Family / Pre-action / Funding

Legal News

Nuptial agreements and maintenance pending suit

Copyright © 2025 LexisNexis

Published on: 06 February 2014

Published by a LexisNexis Family expert

Table of contents

Original news
What does this case tell us about the treatment of nuptial agreements following the line of case law after Radmacher?
How did the court approach the principle of autonomy when assessing the status of the nuptial agreement?
What powers does the court have in relation to interim maintenance and costs allowances?
What broad principles does this case give lawyers when advising on the legal status of pre-marital agreements?

Article summary

Family analysis: The effect of a nuptial agreement on an application for maintenance pending suit is considered by Louise Spitz, a consultant at Penningtons Manches LLP, in light of a recent High Court decision.

Popular documents

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Strike out—making an application to strike out a statement of case

Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application