The validity of pre-nuptial agreements remains an inexact science. In this week’s NLJ, Mark Pawlowski, barrister and professor emeritus of property law, School of Law, University of Greenwich, examines recent caselaw, including cases involving foreign pre-nups where parties have subsequently sought divorce in the English courts.
These include a Swedish couple who lived in England throughout their 21-year marriage, where the wife’s argument that the pre-nup was invalid as she had not received legal advice failed. The ‘wider context’ that pre-nups ‘are commonplace and binding in Sweden’ was held relevant.
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