header-logo header-logo

19 May 2023 / Sarah Jane Lenihan , Laura Couves
Issue: 8025 / Categories: Features , Family , Divorce
printer mail-detail

Pre-nuptial agreements: signed, sealed, delivered?

122339
Sarah Jane Lenihan & Laura Couves examine a recent High Court ruling which has reinforced the legal landscape of pre-nuptial agreements in England & Wales
  • Parties should continue to seek independent legal advice when negotiating pre-nuptial agreements to ensure they are freely entered into with full appreciation of their implications.
  • An agreement is likely to be upheld, provided there is nothing which means it should be varied or amended on the premise of fairness.

Mr Justice Moor in M v A [2023] EWHC 613 (Fam), [2023] All ER (D) 14 (Apr) has reinforced the legal status of pre-nuptial agreements in what was, arguably, the biggest challenge to the concept since 2010, where the Supreme Court set out the principles governing the agreements in the case of Radmacher v Granatino [2010] UKSC 42, [2010] All ER (D) 186 (Oct). Radmacher established that such agreements should be upheld save for when they are unfair, either by virtue of how they were created, or the effect that they

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
back-to-top-scroll