UK Divorce Court Upholds Pre-nuptial Agreement Settlement Amount

07 October 2016

Pre-nuptial Agreement Case Study

Client Situation

Our client was married to a successful business man. Before their marriage they entered into a Pre-nuptial Agreement which secured her a significant lump sum if there was a divorce in the future. Although the amount was large, it represented a small proportion of the husband’s wealth at the date of the marriage.

When the relationship broke down, the husband argued that he should not be held to the agreement as his fortunes had decreased dramatically during the course of the marriage, and the amount to be paid to the wife in the Pre-nuptial Agreement now represented approximately 50% of his assets which he said was unfair.

How We Helped

Our Family Solicitors advised the client about her various options, and in order to keep the client’s legal fees to a minimum, made a preliminary application to Court which meant that the husband had to prove why he should not be held to the terms of the Pre-nuptial Agreement (Prenup).

The Outcome

The Court decided that in the particular circumstances of the case, which were unusual and complex, the Pre-nuptial Agreement was in fact fair and the Court made an Order that the wife should receive the payment included in the Pre-nuptial Agreement and it should not be reduced due to the husband’s change in circumstances.

Whilst Prenups are not legally binding under current English Law, this divorce case proves that English Courts can decide to uphold agreements made in a Pre-nuptial Agreement before marriage.

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