Enforcing pre-nuptial agreements

In a two-page article in the Solicitors Journal of 11 March, Mark Pawlowski concluded that for the time being at least, the pre-nuptial agreement in this country will continue to have only limited significance in determining the parties’ capital allocation on separation or divorce. He suggested it was not surprising there has been only one reported case in which a pre-nuptial agreement has been given full recognition as governing the parties’ capital provision of divorce. That was K v K (Ancillary relief: Pre-nuptial agreement) [2003] 1FLR 120, in which the judge set out the following 16-point checklist of questions against which the enforceability of the agreement is to be tested: