Defending a Contested Pre-Nuptial Agreement in an Ultra-High Net Worth Divorce
JMW’s family law solicitors represented an ultra-high net worth client in divorce and financial remedy proceedings, successfully defending a contested pre-nuptial agreement to protect her wealth and secure her financial future.
The Case
Our client was going through divorce and financial remedy proceedings in the High Court following the breakdown of a long marriage. Our client held assets valued in the region of £170m. Her wealth had been largely accumulated through an interest in her family business, which was built and passed down over four generations.
Prior to her marriage, she had entered into a pre-nuptial agreement to protect the wealth of herself and her family. Her former spouse was seeking to contest the pre-nuptial agreement, arguing that the provision made for him pursuant to the agreement (approximately £13m) was insufficient to meet his needs.
How did JMW help?
The client chose JMW due to our expertise in dealing with ultra-high net worth families, and our unrivalled reputation for our work on pre-nuptial agreements. Our team are experts in advising families and family offices in asset protection and are also regularly instructed in relation to contested pre-nuptial agreements having appeared in the Court of Appeal on these issues.
We robustly defended our client’s position pursuant to the pre-nuptial agreement and made strategic and technical legal arguments as to why the husband should not be entitled to a greater share of our client’s wealth. Our team had a firm grasp on the provisions in the agreement; a detailed knowledge of the complex business structures that the agreement sought to protect and a critical approach to the scale of the husband’s alleged needs.
The Outcome
The court determined that the pre-nuptial agreement should be upheld and that the provision pursuant to the pre-nuptial agreement was sufficient to meet the husband’s needs.
This was an invaluable outcome for our client as it protected her wealth and the wealth of her family. The result of the agreement being upheld was that the husband was awarded less than 10% of our client’s total wealth. The legacy of our client’s family business can continue unencumbered, and she has been able to move forward with her life while retaining her standard of living for herself and her children.
Talk to Us
If you are going through a divorce involving significant assets or facing a dispute over a pre-nuptial agreement, our experienced family law team is here to help.
We have extensive expertise in advising ultra-high net worth individuals, including those with complex business interests and generational wealth. We take a strategic and discreet approach to make sure your financial position is protected and your interests are robustly represented.
To speak to one of our family law solicitors, call us on 0345 872 6666, or complete our online enquiry form and we will get back to you at a time that suits you.
