Description of the Assessment
This assessment takes the form of a written coursework assessment requiring students to demonstrate innovation through the creation and application of rules of law.
Assessment Content
Tony and Zarah met at university and married in 1996. Their marriage was a vey happy one and over the years they had three children. There were 2 boys, born in 2001 and 2004 respectively and a daughter born in 2007.
Tony came from a wealthy family and was encouraged by his family to make a prenuptial agreement. The prenuptial agreement contained the usual terms on the distribution of assets on the dissolution of the marriage. It further included the following term:
6.4 On the dissolution of the marriage, when the marital home is sold, 80% of the equity in the marital home will be distributed to their children, the remaining 20% of the equity of the marital home will be distributed to the wife.
In September 2022 Tony and Zarah agreed to divorce on the grounds of irreconcilable differences. Divorce proceedings began and in February 2023 it materialised that Tony had an affair and fathered a child with his mistress in 2011.
After consulting with her lawyer on this matter, Zarah is concerned that her 20% of the marital home will be reduced and is claiming that there is an implied term in the prenuptial agreement in that clause 6.4 only applies to children born in the marriage between herself and Tony.
You are a Supreme Court judge, and this matter has come to your attention. You are required to supply a judicial opinion on the likelihood of a term being implied into clause 6.4 of the prenuptial agreement.
Please base your opinion on the following authorities:
Moorcock (1889) 14 PD 64
Southern Foundries (1926) Ltd v Shirlaw [1940] AC 701
Attorney General of Belize & Ors v Belize Telecom Ltd & Anor (Belize) [2009] UKPC 10
Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015] UKSC 72
Please note that this is to be treated as a contractual matter and no reference needs to be made to the legal status of prenuptial agreements or any of the law relevant to prenuptial agreements.
Referencing
You must reference your work if you obtain your work from a particular source. Your work must include a ‘List of Sources’ (including a Table of Legislation (if relevant), a Table of Cases (if relevant), and a Bibliography).
This assessment should be OSCOLA referenced with a bibliography. An electronic copy of these guidelines can be accessed at: https://www.law.ox.ac.uk/ sites/files/oxlaw/oscola_4th_edn_hart_2012.pdf
Important: Inadequate/inaccurate referencing of your work leaves you vulnerable to a finding that you have committed an academic offence. Further information about academic offences can be found in the Programme Handbook.
Word Limit
The word limit is 2500.