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

AuthorsDebbie HealdMisbah Bashir

3 min read

Family Law, Divorce, Brabners Personal

Blue ballpoint pen rests on a white sheet of paper, while two gold wedding rings lie on a dark wooden desk; a blurred backdrop softens the scene.

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.

 

Why precise drafting matters: lessons from IC v AD

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.

 

When should you consider a prenup?

A prenup can be especially valuable where one or both of you:

  • own a business
  • have property, investments or savings from before the marriage
  • expects to receive an inheritance during the marriage
  • have received assets from family members by way of accelerated inheritance
  • have an interest in a trust
  • have children from a previous relationship.

A prenup can record how you intend these assets — together with your income and wider financial resources — to be treated if you later separate.

 

Are prenups legally binding in England & Wales?

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. 

 

How to make your prenup robust

  1. Discuss it well in advance of the wedding so that there’s plenty of time for negotiations to take place and neither feels under any undue pressure to sign something close to the day. 
  2. Take independent specialist legal advice and have the benefit of full open and meaningful financial disclosure.
  3. Ensure the use of clear, bespoke wording to make fair provision for both parties and any children.
  4. Insert review clauses so that the agreement is properly reviewed if there’s a significant change in circumstances. For example, after the birth of a child, receipt of an inheritance or a change in health that impacts what may be considered fair. 

 

Protect what matters to you

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.

Misbah Bashir

Misbah is a Trainee Solicitor in our family team.

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    Debbie Heald

    Debbie is a Partner in our family team.

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