eprivateclient

Are the courts pushing back on prenups?

Simon Blain, family partner, Forsters, 14/05/2019

In Ipekçi v McConnell [2019] EWFC 19, Mr Justice Mostyn held that he should give "no weight" to a prenuptial agreement.

In an otherwise unreported case, the Press Association reported on 22 March that Mr Justice Holman stated during a preliminary hearing of another case involving a prenuptial agreement that "I am not sure that these prenuptial agreements are in most cases slam dunks". Whilst he stated "You have to attach weight to them", he added "but it is only one of the factors in the case".

Do Mr Justice Holman's remarks, combined with Mr Justice Mostyn's judgment, suggest that the family courts a...


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