The couple signed a post-nup in 2021 following proper legal advice but, after separating, the husband proposed a ‘separation agreement’ in 2023 with less favourable terms for the wife, and without proper legal advice or financial disclosure. The court recognised the wife signed under undue pressure from the husband.
Ruling in PN v SA [2025] EWFC 141, the court clarified that restricting access to legal advice will affect the validity of pre- and post-nup agreements.
Claire Gordon, partner at Farrer & Co, representing the wife, said: ‘In this landmark judgment, the Family Court has recognised the strain that a build-up of persistent and attritional conduct places on relationships, and that this can ultimately erode a person’s free will.
‘There does not need to be a “blow up” event or interaction for there to be improper pressure or control—the effects of such conduct are insidious.’
