The Court of Appeal2 ruled that the husband was a man of the world – he understood that when the agreement was signed, he would not be entitled to anything in the event of a divorce, regardless of the lack of translation, legal advice or disclosure. A Spanish diplomat said an agreement on airlines` landing rights for flights between the EU and the UK during the Brexit negotiations would not apply to Gibraltar International Airport. [26] However, from 2018 to 2019, all flights to and from the UK or Morocco (not affected by Brexit) and no flights to the EU were made. On 18 October 2018, Spanish Prime Minister Pedro Sénchez announced that he had reached an agreement with Britain and said that a specific protocol on Gibraltar was being drawn up with the British government and hoped to reach a good agreement for both sides. [91] [92] [93] [94] On 19 November 2018, however, the Spanish government threatened not to support the draft Brexit agreement because it claims that an article was added without its consent, which could be misunderstood and that Spain could leave Gibraltar without having a say. [95] On 22 November 2018, Prime Minister Sénchez and Prime Minister May discussed the issue, but the Spanish Prime Minister said that “our positions are very far apart. My government will always defend the interests of Spain. If nothing changes, we will veto Brexit. [96] [97] On 24 November 2018, Spain agreed not to veto the Brexit deal in exchange for a tripartite statement from the President of the European Commission and the President of the European Council, the British Government and EU Member States that no agreement would be reached on Gibraltar without Spain`s agreement.
The EU statement also stated that the EU did not consider Gibraltar to be part of the UK. [99] [100] [101] In April 2018, Spanish Foreign Minister Alfonso Dastis announced that Spain hoped to sign a bilateral agreement with Britain on Gibraltar before October so as not to obstruct an interim Brexit agreement. In Gibraltar, such agreements are now authorized directly under our reformed family law and will serve to avoid protracted and often bitter and controversial legal disputes in the courts over divorce. In considering whether it is fair to hold parties to an agreement, the Supreme Court gave guidance on the types of factors that a Court of Justice would consider. First, the well-being of the family`s minor children should be taken into account; The Court of Justice would respect a couple`s decision to settle their financial affairs through a marriage agreement; In particular, the desire to anticipate what will happen to non-marital property at the end of the marriage (i.e. property belonging to one of the parties before marriage or inherited during the marriage). The Court will bear in mind that it is unlikely that the parties intend to leave a partner in a difficult situation in the event of a breakdown of the marriage. However, if each party is able to meet its needs, fairness may require the effect of the agreement.
Jersey Courts have yet to take into account opposability or weight, either on marital or post-uptial agreements. At this time, therefore, a client cannot be sure that a Jersey court would consider such agreements. Although the sped agreement took on a decisive weight for the spouse, he received significant benefits as home help and child welfare.
Comments are closed.