KA v MA (Prenuptial Agreement: Needs) [2018] EWHC 499 (Fam)

In practice: Conflicting views

Chrissie Cuming Walters highlights the dichotomy of modern family law on financial provision: autonomy versus paternalism ‘The fairness of provision in any nuptial agreement entered into is likely to erode over time and potentially be subsumed by changing circumstances through the passage of time, allowing for an increased use of paternalism.’ Many practitioners would agree …

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Pre-nuptial agreements: A balancing act

James Ferguson and Katie Male look at the courts’ approach to the weight to be given to a pre-nuptial agreement freely entered into by the parties, and the need for overarching fairness ‘Roberts J had to address the question of what “needs” means in circumstances where a pre-nuptial agreement has been entered into, the purpose …

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Pre-nups and private client: Take note

Mark Pawlowski considers a recent decision on the enforceability of pre-nuptial agreements ‘It was essential that both parties should have entered into the agreement of their own free will without undue influence, fraud or misrepresentation, and with a full appreciation of its implications.’ The recent Court of Appeal decision in Versteegh v Versteegh [2018] has …

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Estate planning: The importance of autonomy

James Ferguson, Katie Male and Mark Lindley discuss a recent case that demonstrates the growing role of pre-nuptial contracts in estate planning ‘As a general rule the provision for the spouse in the will should be at least as generous as in the pre-nuptial agreement (PNA), if not more so, to minimise exposure to a …

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