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I married my wife ten years ago, after a short relationship, and just before we married my wife’s parents insisted that I sign a Pre-Nuptial Agreement under the terms of which I agreed to make no claim whatsoever on my wife’s property or assets, even though she was exceptionally wealthy at the time, having a large property portfolio and a large private income from the family company.


At the time that we married I was running my own small business, but this has since failed, and although we live in a large house worth approximately £2.5m and my wife has told me that she wants a divorce, I am in the position that if I am awarded no capital at all on divorce I will be unable to have my children to stay with me, as I will have to live in the most modest conceivable circumstances.


Is my Pre-Nuptial Agreement binding?




In your particular case, it may well not be.


I assume that you took legal advice before entering into the Pre-Nuptial Agreement, as this is an absolute necessity, and if you did not, the Agreement may, in any event, not be binding.


However, even if you did take advice, there is a significant possibility, in your case, that a Court would order a payment from your wife to you for pressing house needs, not least because the ongoing maintenance of your relationship with your children is probably of even greater significance than the existence of your Pre-Nuptial Agreement, although the Agreement itself is a serious issue that any Court will have to take into account.


However, I think in your particular circumstances you will have a very good argument to put to the Court for the provision of reasonable housing for yourself from your wife’s assets, notwithstanding the Pre-Nuptial Agreement (Luckwell -v- Limata 2014 EWHC 536 [FAM]).

Barbara Jordan



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