Since Radmacher v Granatino made prenuptial agreements legally enforceable in the UK, it has been evident that the extent of financial disclosure is pertinent to how they are weighted in the courts.
In an article for Family Law, Vardags barrister John Oxley argues that the court´s weighting of prenuptial agreements in ancillary relief cases in the light of non-disclosure was radically altered by the Sharland and Gohil cases.
In ‘For no falsehood can endure: disclosure and prenuptial agreements after Sharland and Gohil’, John puts forth that the cases reversed the burden of demonstrating materiality of non-disclosure and stressed that the duty of disclosure is owed to the court, not the other party. In a survey of case law beginning with K v K , John explores the changing consensuses and probes the issues involved in the unclear precise legal status of the prenup and the complexities of the duty of disclosure between parties.
You can read the article in the November issue of Family Law.
Vardags Limited is a limited company trading as Vardags, Company No 7199468, registered in England and Wales, having its registered office at 10 Old Bailey, London EC4M 7NG. Vardags is authorised and regulated by the Solicitors Regulation Authority (SRA Number 535955). Its VAT number is 99 001 7230.
Vardags uses the term ‘Partner’ as a professional title only, to describe a Senior Solicitor, Employee or Consultant with relevant experience, expertise and qualifications (whether legally qualified or otherwise) to merit the title. Our Partners are not partners in the legal sense. They are not liable for the debts, liabilities or obligations of Vardags Limited. Similarly, the term ’Director’ is a professional title only, to describe a non-legally qualified employee or consultant of Vardags with relevant experience, expertise and qualifications to merit the title. It does not necessarily imply that the relevant individual is a director of Vardags Limited.
A list of the directors of Vardags Limited and a list of the names of those using the title of ’Director’ and ’Partner’ together with their official status is available for inspection at Vardags’ registered office.