Supreme Court to rule on pre-nups

25 September 2010

The decision of the Supreme Court is now eagerly awaited in a ground-breaking decision. A full panel of 9 senior judges is expected to rule very shortly following the hearing in March 2010. At stake is whether a father with two children can claim against the fortune of his heiress wife, worth around £100 million. They had signed a pre-nuptial agreement. The High Court said he should receive around £6 million, but the Court of Appeal reversed this saying he could only borrow money from the wife as housing, and have a support fund for the children while they are growing up. The decision will contain important guidance on the formalities a pre-nuptial agreement should follow to ensure the court gives it weight. There is currently no English law statute which forces a judge to uphold these agreements. At Woodford Stauffer, we can advise on pre-nuptial agreements and how best to draft these sensitive documents.