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Pre-Nuptial Agreement upheld by the Court

There has been a recent case in which a Pre-Nuptial Agreement was completely upheld by the Court.  The case concerned was called H v H and involved a husband who was 72 years of age and a wife who was 64 years of age.  Their marriage only lasted 12 weeks.  Both parties had been previously married and divorced and entered into a Pre-Nuptial Agreement which was not agreed at the last minute.  Both parties understood its meaning.
The terms of the Agreement made no provision for the wife.  The husband was a relatively wealthy man.   The Agreement stated that neither was to have any claim against the other and that they should each retain what they had prior to marriage.
In order to avoid litigation the husband offered the wife £88,000 which she refused.
The Court decided that the wife’s needs had been what they were before the marriage, they were both of mature years and the marriage only lasted 12 weeks.  The Court was satisfied that the Agreement had been designed for a specific purpose and nothing had changed for the parties that had not been in contemplation at the signing of the Agreement. The court decided that it would be fair to hold the parties to the Agreement.
This was essentially a perfect case for upholding such an Agreement.  No further provision was therefore made for the wife.  The very distinct facts of this case should be considered but it is an example as to how Courts are now more and more prepared to hold parties to Pre-Nuptial Agreements if fair to both of them.
Our Family Law solicitors can help you plan to protect your assets at the start of a relationship and give you clear advice if your relationship breaks down, whether that be about children, finances, property or getting a divorce.  We know how important it is to make the right decisions about your future and we are here to help you from the start.  We also have a qualified Mediator on hand should that be the route you choose.
Call 0800 088 6004 today for your free initial discussion.