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Family Law

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28 JUL 2008

ANCILLARY RELIEF: NG v KR (Pre-Nuptial Contract) [2008] EWHC 1532 (Fam)

(Family Division; Baron J; 28 July 2008)

Awarding a husband £5.5 million, the court noted that the pre-nuptial contract, which provided for separation of assets on marriage and made no provision for either spouse on divorce, would not be recognised or enforced by the court because: the husband had not received legal advice; there had been no disclosure; there was no provision for the two children of the marriage; and, most unfairly, the contract provided no prospect of any financial settlement even in the case of real need. However, the contract would have been binding in both Germany and France, the wife and the husband's respective home countries, and it would not be right to ignore it completely, given that the husband was a man of commerce aware of the effect of the contract. The husband's award would be circumscribed to reflect the existence of the pre-nuptial contract.

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