In yet another of an ever increasing number of cases before the Courts relating to Pre-Nups, Mr. Jutice Mostyn has stated that Pre Nuptial Agreements ought to be given “heavy respect”
Delivering Judgement in the case of BN V MA [2013] EWHC 4250 (FAM) Mr. Justice Mostyn said that in circumstances where Pre-Nuptial Agreements are freely signed by “sophisticated, highly intelligent” couples following the benefit of legal advice that the agreements and the parties decision to enter into the agreement should be accorded “heavy respect”
Although not fully legally binding given that parties cannot oust the jurisdiction of the Court, this case offers yet a further reminder that the Courts will always try and uphold agreements reached between the parties when they have been entered into freely and willing and both parties have understood it terms.
Previously seen as an international concept, it is becoming clear that Pre-Nups are now becoming increasingly recognised in England and Wales and their validity progressively nearer to certainty.
The Courts are encouraging separating couples to reach agreements between themselves and Mr. Justice Mostyn’s judgment is a further indication that respect will be given to such agreements by stating that:
“The principle of autonomy is, in my view, extremely relevant. In many cases, and this case is an obvious one, the parties entering into the agreement are sophisticated, highly intelligent and have the benefit of the best legal advice that money can buy……Where in those circumstances they have thrashed out an agreement, which they have both then freely signed, in my view, heavy respect should be accorded to that decision. The question of autonomy is particularly relevant where the agreement seeks to protect premarital property.”
We at Josiah Hincks and via our dedicated prenup solicitors website prenupsolicitors.co.uk are experts in pre-nuptial agreements and are able to give specialist advice to client’s who wish to protect pre-marital acquired property, wealth or business assets by way of a pre nup.
For further information and to speak to one of our experts please contact 0116 2551881 or visit our websites www.prenupsolicitors.co.uk or www.josiahhincks.co.uk
