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Macleod V Macleod
''Macleod v Macleod'' 008UKPC 64was a judgment of the Judicial Committee of the Privy Council in an appeal originating from the Isle of Man. It made clear that postnuptial agreements in the Isle of Man cannot be varied by a court other than for sufficient policy reasons. Although technically only applying to Manx postnuptial agreements, the judgment is treated with authority in the United Kingdom. Facts The husband and wife were both from the United States and married in Florida. The husband was older and far wealthier than the wife. They moved to the Isle of Man in 1995. Before marrying, each party declared their resources and agreed that, in the event of their separation, they would each be entitled to that which they put into the marriage. At the time, the husband's wealth was approximately US$10.3 million. There were additional provisions for monthly allowances and lump payments to be paid by the husband to the wife. Such agreements were perfectly valid and binding in the sta ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one const ...
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Deemster
A Deemster ( gv, briw) is a judge in the Isle of Man. The High Court of Justice of the Isle of Man is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal. The deemsters also promulgate the Laws on Tynwald Day by reading out brief summaries of them in English and Manx. In the past, the First and Second Deemsters had ex officio seats in the Legislative Council of the Isle of Man. The Second Deemster was removed from the council in 1965 and the First Deemster in 1975. There are currently (2017) three full-time Deemsters. These are the First Deemster and Clerk of the Rolls (who is also the Deputy Governor), the Second Deemster, and an additional full-time Deemster. The offices of First Deemster, Second Deemster and Clerk of the Rolls are ancient offices. The offices of First Deemster and Clerk of the Rolls were combined in 1918, and a new office of Deputy Deemster was created in 2002 but abolished in 2009. Addition ...
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Prenuptial Agreement
A prenuptial agreement, antenuptial agreement, or premarital agreement (commonly referred to as a prenup), is a written contract entered into by a couple prior to marriage or a civil union that enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage eventually ends by death or divorce. Couples enter into a written prenuptial agreement to supersede many of the default marital laws that would otherwise apply in the event of divorce, such as the laws that govern the division of property, retirement benefits, savings, and the right to seek alimony (spousal support) with agreed-upon terms that provide certainty and clarify their marital rights. A premarital agreement may also contain waivers of a surviving spouse's right to claim an elective share of the estate of the deceased spouse. In some countries, including the United States, Belgium and the Netherlands, the prenuptial agreement not only provides for what hap ...
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Postnuptial Agreement
A postnuptial agreement is a written agreement executed after a couple gets married, or have entered a civil union, to settle the couple's affairs and assets in the event of a separation or divorce. It may be "notarized" or acknowledged and may be the subject of the statute of frauds. Like the contents of a prenuptial agreement, provisions vary widely but commonly includes provisions for division of property and spousal support in the event of divorce, death of one of the spouses, or breakup of marriage. Purpose A postnuptial agreement is designed to govern the division of a married couple's assets upon divorce. Unlike a prenuptial agreement the contract is entered after the couple has married, and prior to any separation. Worldwide United Kingdom As with prenuptial agreements, a court has the discretion to reject the terms of a post-nuptial agreements, for example if the court finds that its terms are insufficient to meet the financial needs of partners and children. Uni ...
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Baroness Brenda Hale
Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knight, but lower than a viscount or count. Often, barons hold their fief – their lands and income – directly from the monarch. Barons are less often the vassals of other nobles. In many kingdoms, they were entitled to wear a smaller form of a crown called a '' coronet''. The term originates from the Latin term , via Old French. The use of the title ''baron'' came to England via the Norman Conquest of 1066, then the Normans brought the title to Scotland and Italy. It later spread to Scandinavia and Slavic lands. Etymology The word ''baron'' comes from the Old French , from a Late Latin "man; servant, soldier, mercenary" (so used in Salic law; Alemannic law has in the same sense). The scholar Isidore of Seville in the 7th century thou ...
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Radmacher V Granatino
Wolfgang Radmacher (born 30 December 1946, in Borna) is a German former wrestler who competed in the 1972 Summer Olympics The 1972 Summer Olympics (), officially known as the Games of the XX Olympiad () and commonly known as Munich 1972 (german: München 1972), was an international multi-sport event held in Munich, West Germany, from 26 August to 11 September 1972. .... References External links * 1946 births Living people Olympic wrestlers for East Germany Wrestlers at the 1972 Summer Olympics German male sport wrestlers {{Germany-wrestling-bio-stub ...
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Matrimonial Causes Act 1973
The Matrimonial Causes Act 1973 (c 18) is an Act of Parliament of the United Kingdom governing divorce law and marriage in England and Wales. Contents The act contains four parts: # Divorce, Nullity and Other Matrimonial Suits # Financial Relief for Parties to Marriage and Children of Family # Protection, Custody, etc., of Children # Miscellaneous and Supplemental Section 1 sets out the grounds that must be demonstrated before a divorce can be granted. These five grounds were adultery, behaving "in such a way that the petitioner cannot reasonably be expected to live", desertion for two years, two years of separation with the consent of the parties, or five years of separation. Following the decision of the Supreme Court of the United Kingdom in '' Owens v Owens'', Parliament passed the Divorce, Dissolution and Separation Act 2020, which has removed these conditions. Section 13 provides for certain restrictions in regard to the possibility of annulling voidable marriages, incl ...
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Matrimonial Property And Proceedings Act 1970
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between them and their in-laws. It is considered a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be compulsory before pursuing any sexual activity. A marriage ceremony is called a wedding. Individuals may marry for several reasons, including legal, social, libidinal, emotional, financial, spiritual, and religious purposes. Whom they marry may be influenced by gender, socially determined rules of incest, prescriptive marriage rules, parental choice, and individual desire. In some areas of the world, arranged marr ...
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Ecclesiastical Court
An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than before the development of nation states. They were experts in interpreting canon law, a basis of which was the '' Corpus Juris Civilis'' of Justinian, which is considered the source of the civil law legal tradition. Catholic Church The tribunals of the Catholic Church are governed by the 1983 Code of Canon Law in the case of the Western Church ( Latin Church), and the Code of Canons of the Eastern Churches in the case of the Eastern Catholic Churches (Byzantine, Ukrainian, Maronite, Melkite, etc.). Both systems of canon law underwent general revisions in the late 20th century, resulting in the new code for the Latin Church in 1983, and the compilation for the first time of the Eastern Code in 1990. First instance Cases normally or ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ...
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Staff Of Government Division
The Staff of Government Division of the High Court of Justice (usually shortened to Staff of Government Division) is the Court of Appeal in the Isle of Man. It hears all appeals, both criminal and civil, from the High Court. It is the second highest court in the Isle of Man with final appeal going to the Judicial Committee of the Privy Council acting as 'The Queen in Council'. The judges of the Staff of Government Division are the First Deemster and Clerk of the Rolls, the Second Deemster, the Judge of Appeal and any other English Queen's Counsel who are appointed as acting deemsters to hear an appeal. Name and history The name ''Staff of Government'' comes from the original court of appeal on the Island, which consisted of the officers of the Lord of Mann, and later the officers of the Lieutenant Governor. The Judicature Act 1883 created the High Court of Justice, and replaced the Lieutenant Governor's officers with the two deemsters who acted as judges in the courts of fi ...
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Edgar V Edgar
Edgar is a commonly used English given name, from an Anglo-Saxon name ''Eadgar'' (composed of '' ead'' "rich, prosperous" and ''gar'' "spear"). Like most Anglo-Saxon names, it fell out of use by the later medieval period; it was, however, revived in the 18th century, and was popularised by its use for a character in Sir Walter Scott's ''The Bride of Lammermoor'' (1819). People with the given name * Edgar the Peaceful (942–975), king of England * Edgar the Ætheling (c. 1051 – c. 1126), last member of the Anglo-Saxon royal house of England * Edgar of Scotland (1074–1107), king of Scotland * Edgar Angara, Filipino lawyer * Edgar Barrier, American actor * Edgar Baumann, Paraguayan javelin thrower * Edgar Bergen, American actor, radio performer, ventriloquist * Edgar Berlanga, American boxer * Edgar H. Brown, American mathematician * Edgar Buchanan, American actor * Edgar Rice Burroughs, American author, creator of ''Tarzan'' * Edgar Cantero, Spanish author in Catalan, Span ...
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