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Prenuptial Agreement Set Aside as Unfair (KA v MA 2018)

Prenuptial_agreement_unfair

In a recently reported case, a wife successfully argued that she should not be held to the terms of a pre-nuptial agreement which limited her entitlement to c£1.6m.  Instead, she was awarded:-

  • A housing fund of £1.35m; and
  • Capitalised spousal maintenance of £1.6m

The parties had met in 2000 and married in 2008. By then they had one four-year-old child together and the wife had given up her career to care for him. They were living together in the husband’s pre-owned substantial property in Berkshire and his business interests were worth in the region of £30m.

The husband’s case was that the wife should be bound by the terms of the pre-nuptial agreement. The wife’s case was that the pre-nuptial agreement was unfair and failed to meet her reasonable needs.

The Judge found that the terms of the pre-nuptial agreement were unfair and should not be upheld in circumstances where:-

  • The parties had enjoyed a budget of £1m a year during the marriage, of which up to £250,000 was spent on holidays.  
  • The husband would continue to be able to draw £1.5m net from the business each year. 
  • The family home was worth just over £3.5m.

KA v MA [2018] EWHC 499 (Fam)

House of Commons Library | Briefing Paper | Pre-nu...
Prenuptial Agreement Set Aside as Unfair Luckwell ...

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Tuesday, 18 May 2021

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