Why clear prenup wording matters — lessons from a £26.6m divorce dispute

The recent divorce case of IC v AD shows how unclear pre-nuptial agreement wording can fuel costly, stressful disputes.
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AuthorsDebbie HealdMisbah Bashir
3 min read

The recent divorce case of IC v AD — involving around £26.6m of assets — shows how unclear pre-nuptial agreement (prenup) wording can fuel costly, stressful disputes.
Here, Debbie Heald and Misbah Bashir from our family law team break down why precise drafting matters, when a prenup is worth considering, how the courts view these agreements and practical steps to make yours as robust and fair as possible.
The Family Court upheld a prenup that the husband relied on the to limit the scope of finances being claimed by the wife. Interestingly, the wife had interpreted the terms in a narrow capacity and contended that the agreement was intended to only protect the two properties that he had ownership of before they began their relationship. Ultimately, the Court accepted the husband’s interpretation, reaffirming that the prenup sought to exclude the assets that he held in his own name.
Although the Court ultimately gave significant weight to the agreement, the drafting was criticised for its lack of clarity. It’s an important reminder that this can lead to stress, delay and significant expense. Investing in a well-considered agreement at the outset can substantially reduce the scope for future disputes.
A prenup can be especially valuable where one or both of you:
A prenup can record how you intend these assets — together with your income and wider financial resources — to be treated if you later separate.
No, not automatically. The court retains the final say over financial arrangements on divorce.
However, the court can give significant weight to an agreement where both parties entered into it freely, understood its implications and received appropriate advice — provided that it remains fair to hold both of them to its terms.
We understand that raising the subject of a prenup can be sensitive. Our family law specialists will help you to approach the conversation positively and guide you through the process with care, clarity and discretion.
We advise on agreements involving businesses, inherited assets, family wealth, trusts, property portfolios and second marriages. We can also work alongside your financial, tax and private wealth advisers to ensure that the agreement supports your wider plans.
If you’re considering a prenup, talk to us by calling 0333 004 4488, emailing family@brabners.com or completing our contact form.


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