March 10, 2009
Issue 13 Matrimonial Agreements and Case Management
The freedom to contract is, clearly, one of the fundamental rights of the individual. However, until now, the consequences of doing so have been limited whenever exercised in anticipation of, or during, or for that matter after a marriage by both statute and case law. Very recent developments, particularly the greater acceptance of pre-nuptial agreements by both the public and the courts, have accelerated a revised approach to the sanctity of the several safeguards hitherto put in place to protect the weaker spouse from the rigours of contractual law, whenever reliance has been placed, in a matrimonial context, upon an agreement reached between such parties. Click here to read more.