The case of HW v WB [2024] EWFC 328 sheds light on the role of pre-nuptial agreements (PNAs) in financial remedy proceedings and the court’s approach to balancing agreements with the needs of the parties. District Judge Phillips upheld the validity of the PNA but adjusted its terms to ensure fairness, especially in light of the wife’s ongoing financial needs and her role as the primary carer for the couple’s child.

Background

The parties, who had been married for nine years, entered into a PNA shortly after their wedding. The husband, 65, had accumulated significant pre-marital wealth, including a mortgage-free family home, substantial pensions, and savings. The wife, 41, brought limited assets and gave up employment to focus on childcare during the marriage. After separation, the wife argued that the PNA failed to meet her needs, especially as it made no provision for maintenance beyond housing.

The Court’s Approach

1. Validity of the Agreement:
   The court found the PNA valid and binding. The wife had received independent legal advice and signed the agreement freely, acknowledging its implications. While she felt some pressure due to her immigration status and pregnancy, this did not constitute undue pressure negating the agreement.
2. Needs-Based Adjustments:
   Despite upholding the agreement’s validity, the court emphasised the need to address the wife’s financial circumstances. The PNA’s terms, which focused solely on capital provision for housing, were deemed inadequate for meeting her ongoing needs as the primary caregiver for the couple’s 10-year-old son.
3. Fair Distribution:
   The court awarded the wife £489,000, including a lump sum for housing and additional capitalised maintenance for four years, enabling her to retrain and gain financial independence. It also included a pension sharing order to equalise retirement income.

Key Legal Points

• Binding Nature of PNAs:
  Pre-nuptial agreements are upheld unless there are vitiating factors such as duress or fraud. However, they must be fair in light of the section 25 factors under the Matrimonial Causes Act 1973, particularly where children are involved.
• The Court’s Discretion:
  Even when a PNA is valid, the court retains discretion to adjust its terms to meet the reasonable needs of the parties, ensuring a fair outcome.
• Weight of Needs:
  The wife’s role as the primary carer and the inadequacy of the PNA in providing for her needs justified a departure from its strict terms.

Implications for Practitioners

This case underscores the importance of drafting PNAs with clear provisions for potential future needs, especially where children are anticipated. While PNAs offer valuable certainty, they must be balanced against evolving circumstances to avoid being deemed unfair.

For family lawyers, HW v WB illustrates how courts navigate the interplay between upholding agreements and ensuring fairness, offering a nuanced approach to financial remedy disputes.