We expect that
at all material times, the state security agencies, will discharge their
duties in
fairness and accordance to the supreme laws
of our land.
Hale LJ dissented and expressed concern regarding a general enforceability
of pre-nuptial agreements and that the law should «not introduce a presumption or starting point in favour
of holding the parties to it: the guiding principle should be
fairness in the light
of the actual and foreseeable circumstances
at the time when the court comes to make its order» and stated that «modern marriage still possesses an irreducible minimum, which includes a couple's mutual
duty to support one another and their children».
But, he suggested, «[a] lthough, in some cases, a representation may define the content
of the
duty, the existence
of legitimate expectations is just one factor to be considered in the formulation
of the
duty of fairness» (
at para. 64).