Case summary: AH v PH — determining the weight of a nuptial agreement
Following on from the landmark decision in Radmacher v Granatino  UKSC 42, the English courts again considered in AH v PH  EWHC 3873 (Fam) the weight that should be given to a nuptial agreement when exercising its discretion under section 25 of the Matrimonial Causes Act 1973 and the essential ingredients of such an agreement if it is to be binding on the parties.
The three-part test to be applied when determining the weight of a nuptial agreement, as devised by the Supreme Court in Radmacher, is that ‘the court should give effect to a nuptial agreement that is: (i) freely entered into by each party; (ii) with a full appreciation of its implications; and (iii) unless in the circumstances prevailing it would not be fair to hold the parties to their agreement’…
Click on the link below to read the rest of the Wragge Lawrence Graham & Co briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
HMRC can refuse to pay a refund of overpaid VAT to a supplier.
Wragge Lawrence Graham & Co’s finance litigation experts bring you the latest on the cases and issues affecting the lending industry.