‘The thought-leader’ on the wise use of pre-nups

Simon Bruce Dawson Cornwell

A prenuptial agreement was unsuccessfully challenged in the recent case of MN v AN [2023] EWHC 613 (Fam). Reinforcing the principles laid down by the Supreme Court in Radmacher prenuptial agreements should be given effect if freely entered into with full appreciation of its implications if it remains fair to hold the parties to their agreement. Simon Bruce advises practitioners to tread carefully when negotiating these agreements for clients and to be attuned to the sensitivity of the process. Simon reflects on the calmness kindness and love that should be adopted when dealing with these agreements not least to resist any argument that there has been undue pressure or duress in the course of the negotiations. Prenuptial agreements must be fair and should ensure that both parties’ reasonable needs are covered. For some the risk to the relationship of insisting on a prenuptial agreement is too high. For others it provides certainty for the future. What is clear is that if there are no circumstances surrounding the making of the prenup which means the weight of it should...

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