Wragge Lawrence Graham & Co

UK 200 2014 position: 28

Case summary: AH v PH — determining the weight of a nuptial agreement

Following on from the landmark decision in Radmacher v Granatino [2010] UKSC 42, the English courts again considered in AH v PH [2013] 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’…

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