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PRENUPTIAL AGREEMENT

Radmacher V Granatino [2010] UKSC 42  ·  England And Wales

This Prenuptial Agreement (this "Agreement") is executed as a deed on 2026-04-01 between Alexander James Hughes of 18 Kensington Gardens, London W8 4PX ("Party 1") and Victoria Isabella Palmer of 7 Montague Street, Edinburgh EH8 9QX ("Party 2"), who intend to enter into a marriage on 2026-09-12 at St Paul's Cathedral, London. Each party confirms that they enter into this Agreement freely and with a full appreciation of its implications, with the intention that the Family Court should give it decisive weight on any subsequent application for financial relief in accordance with Radmacher v Granatino [2010] UKSC 42 and the Matrimonial Causes Act 1973.

The parties acknowledge that, in the law of England and Wales, a nuptial agreement is not automatically binding on the Family Court (Law Commission Report No. 343 (2014) "Matrimonial Property, Needs and Agreements", not enacted; Law Commission Scoping Report on Financial Remedies on Divorce and Dissolution, 18 December 2024, also not yet translated into legislation). However, the Supreme Court in Radmacher v Granatino [2010] UKSC 42 held that the court should give effect to a nuptial agreement "that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement".

Accordingly, the parties enter into this Agreement intending to displace, so far as the law permits, the usual exercise of the court's discretion under section 25 of the Matrimonial Causes Act 1973 and to have the court give this Agreement decisive weight in any application for ancillary relief on divorce. The parties acknowledge that the court retains a residual discretion (Brack v Brack [2018] EWCA Civ 2862) to make an award above the parties' agreed position where needs require, and that this Agreement is not intended to prejudice the reasonable needs of any child of the family, whose welfare remains the court's first consideration (section 1 Children Act 1989).

The parties disclose their pre-marital assets, liabilities and income below and confirm that the disclosure is full and frank in accordance with Livesey (formerly Jenkins) v Jenkins [1985] AC 424. Concealment of material assets is a ground on which the court may set aside any consent order built on this Agreement.

Party 1 — Financial Position:
Assets: Flat at 18 Kensington Gardens, London W8 4PX (market value c.£1,250,000, no mortgage; HMLR title number NGL123456)
ISA portfolio at Vanguard c.£185,000
40% shareholding in Hughes Consulting Ltd (Companies House 09876543; unaudited management valuation c.£650,000)
SIPP CETV c.£420,000.
Liabilities: Credit card balance c.£3,200 (settled monthly in full).
Income: Approximately £320,000 per annum (salary and dividends).

Party 2 — Financial Position:
Assets: Cash savings c.£48,000 (Santander)
Audi A3 (2023, c.£22,000)
Jewellery and heirlooms c.£28,000 (inherited from grandmother)
Architects Registration Board pension CETV c.£42,000.
Liabilities: UK Student Loan Plan 2 balance c.£14,000.
Income: Approximately £78,000 per annum.

On divorce, each party shall in principle retain their own pre-marital assets, subject to the court making a needs-based adjustment where strict retention would fail to meet the reasonable financial needs of the other party or any child of the family (consistent with the residual jurisdiction recognised in Brack v Brack).

The matrimonial home shall be owned jointly in the shares 60% Party 1 / 40% Party 2 as beneficial tenants in common (reflecting £750k contribution by Party 1 vs £500k mortgage taken jointly)

On divorce, the matrimonial home shall be sold on the open market and the net proceeds divided between the parties in accordance with their beneficial shares recorded above.

A hybrid arrangement applies: each party shall contribute an agreed proportion of net income to household expenses (to be reviewed annually), with the remainder retained as separate property.

Savings, bank accounts and investments held in a party's sole name shall remain their separate non-matrimonial property.

Property acquired during the marriage shall be treated as jointly owned matrimonial property, subject to the sharing principle in White v White [2000] UKHL 54 and Miller/McFarlane.

The capital value of pre-marital business interests as at the date of this Agreement shall be ring-fenced as non-matrimonial property. Growth in value during the marriage, to the extent attributable to the joint endeavour of the parties or to active rather than passive growth, shall be treated as matrimonial property and shared on divorce.

Pension entitlements accrued before or during the marriage shall be excluded from division on divorce, and each party retains their own pension. Each party acknowledges the effect of section 24B of the Matrimonial Causes Act 1973 and the potential loss of any survivor / widow(er)'s benefit arising from divorce.

Spousal periodical payments shall be payable for a time-limited term of 5 year(s) from final order, designed to enable the recipient to adjust without undue hardship to the termination of financial dependence on the other, in accordance with section 25A(2) of the Matrimonial Causes Act 1973.

On divorce, a tiered lump sum shall be payable, calibrated to the duration of the marriage, in accordance with the following schedule:

0–5 years of marriage: £100,000 paid by Party 1 to Party 2; 5–10 years: £250,000; 10–20 years: £500,000; 20+ years: as the court determines under s.25 MCA 1973.

The lump sum shall be in full and final satisfaction of any capital claim under section 25 of the Matrimonial Causes Act 1973 and shall be paid within 28 days of final order.

Each party shall remain solely responsible for their own debts and liabilities, whether pre-marital or incurred during the marriage in their sole name, and shall indemnify the other against any claim by a creditor in respect of such debt.

Inheritances, legacies and gifts received by either party (whether before or during the marriage) shall be treated as non-matrimonial property and excluded from division on divorce, following White v White and K v L [2011] EWCA Civ 550, subject to a needs-based adjustment where strict exclusion would fail to meet reasonable needs (Brack v Brack).

The parties acknowledge that the welfare of any child of the family is the court's first consideration under section 25(1) of the Matrimonial Causes Act 1973 and that this Agreement cannot fetter the jurisdiction of the court under Schedule 1 of the Children Act 1989 in relation to child financial provision. The following indicative provisions apply to future children of the family in the absence of further agreement:

Child maintenance shall be calculated at the greater of (a) the Child Maintenance Service formula at the relevant time, or (b) reasonable school fee provision for any private education the parties have together chosen for the child. Each parent shall provide pension contributions sufficient to maintain the child during any career break.

The parties also undertake to review this Agreement on the birth or adoption of any child of the family and to obtain further independent legal advice at that stage.

Each party acknowledges that the survivor will retain the right under the Inheritance (Provision for Family and Dependants) Act 1975 to apply for reasonable financial provision as a surviving spouse / civil partner, but agrees that the terms of this Agreement (including any agreed retention of pre-marital assets) shall be a material consideration to be brought to the attention of any court determining such a claim under s.3(2) of that Act.

The parties expressly elect the law of England and Wales as the governing law of this Agreement. The parties acknowledge that this election may not be effective in all jurisdictions in which a financial remedy application is later brought (the EU Brussels IIb / Rome III regime no longer applies to the United Kingdom post-Brexit; foreign courts may apply their own conflict-of-law rules). Each party has been advised that, where there is a real risk of proceedings in a foreign jurisdiction, parallel mirror agreements in that jurisdiction may be appropriate.

Further detail: Both parties acknowledge that Party 2 has Scottish domicile of origin. In the event of any proceedings in Scotland, the parties confirm their election of the law of England and Wales as the governing law and undertake to bring this Agreement to the attention of any Scottish court.

Capital Gains Tax: Transfers of assets between spouses or civil partners during the marriage are made on a no-gain / no-loss basis pursuant to section 58 Taxation of Chargeable Gains Act 1992 while the parties live together in the year of assessment, and within the extended three tax-year window post-separation introduced by the Finance (No. 2) Act 2023. The parties will plan asset transfers around final order with this in mind.

Stamp Duty Land Tax: Transfers of any residential property between the parties pursuant to a court order on divorce are exempt from SDLT under section 73B Finance Act 2003.

Inheritance Tax: The spouse / civil partner exemption applies to lifetime and on-death transfers under section 18 Inheritance Tax Act 1984; the parties acknowledge that the exemption ceases on decree absolute / final order.

Notwithstanding any other provision of this Agreement, the following specific assets shall be treated as excluded non-matrimonial property and shall be retained by the party identified, free from any sharing claim on divorce:

Party 2 retains absolutely the jewellery collection inherited from her late grandmother Mrs Eleanor Palmer, comprising (i) Asscher-cut diamond solitaire ring (c.3 carats), (ii) Edwardian sapphire and diamond necklace, (iii) Cartier "Trinity" bangle (1925). These items shall not at any time be treated as matrimonial property. Party 1 retains absolutely his late father's wristwatch (Patek Philippe Calatrava ref. 5119G, est. value £18,000).

Each party shall keep the existence and terms of this Agreement strictly confidential, save to (a) their respective solicitors, accountants, independent financial advisers and tax advisers; (b) HMRC, the court or any other public body to which disclosure is required by law; and (c) immediate family members bound to the same standard of confidence. This obligation continues notwithstanding divorce or termination of this Agreement.

The parties agree to review this Agreement every three (3) years from the date of the marriage. Birth of a child of the family is a material change of circumstances and the parties undertake to review the Agreement on that event, obtaining further independent legal advice. Other material changes of circumstance (including serious long-term illness, loss of employment, or material change in net worth of either party) may also trigger a review on request of either party.

Additional review triggers: Serious long-term illness of either party (more than 6 months continuous incapacity);
Material change in net worth of either party (defined as 25% change up or down);
Either party becoming resident outside the United Kingdom for more than 12 consecutive months.

Any variation of this Agreement shall be in writing and executed as a deed with the same formalities as this Agreement, each party having taken further independent legal advice on the proposed variation.

In the event of any dispute arising from this Agreement or its operation, the parties agree first to attempt resolution through family mediation with an accredited mediator (Family Mediation Council / Resolution), unless urgent injunctive relief is required. Neither party shall issue an application for financial remedy without first attending a Mediation Information and Assessment Meeting (MIAM) pursuant to Practice Direction 3A of the Family Procedure Rules 2010 and section 10 of the Children and Families Act 2014. The parties note the Family Mediation Voucher Scheme administered by the Family Mediation Council (which provides up to £500 towards mediation costs in relevant cases).

Each party has provided full and frank financial disclosure to the other, including schedules of assets, liabilities, income, pensions and business interests, and has had the opportunity to raise questions and request further information. Each is satisfied that the disclosure meets the requirements of Radmacher v Granatino [2010] UKSC 42 and Livesey v Jenkins [1985] AC 424.

Each party has received separate independent legal advice from a different solicitor on the nature, effect and consequences of this Agreement, as required by the Radmacher safeguards. Party 1 was advised by Thompson and Co Family Law LLP, 10 Fleet Street, London EC4Y 1AA (Resolution-accredited). Party 2 was advised by Harrington Family Solicitors, 22 Queen Street, Edinburgh EH2 1JX. Each party enters into this Agreement freely and without duress or undue influence, with a full appreciation of its implications. The parties confirm that no advice was given to either party by a solicitor previously instructed by the other party or by a related firm (avoiding the Ipekci v McConnell [2019] EWFC 19 problem).

This Agreement is signed at least 28 days before the intended date of the marriage, consistent with the Law Society Family Law Protocol and the Law Commission's recommended safeguards in Report No. 343.

This Agreement is executed as a deed in accordance with section 1 of the Law of Property (Miscellaneous Provisions) Act 1989. Each party shall sign in the presence of an attesting witness aged 18 or over who is not a party to this Agreement and who is not the spouse or civil partner of a party. Execution as a deed (rather than simple contract) is strongly recommended for nuptial agreements: it removes the need to prove consideration and gives a clear evidential record of formality, both of which strengthen the weight the court will give the Agreement under Radmacher.

Each party acknowledges that the exchange of full and frank financial disclosure (income, capital, pensions, business interests, debts) and the involvement of solicitors providing independent legal advice involves the processing of personal data — and, where health, religious belief, ethnic origin or other sensitive information is disclosed, special-category data — within the meaning of the UK GDPR, the Data Protection Act 2018 and the Data (Use and Access) Act 2025 (as commenced by SI 2026/82 with effect from 5 February 2026). Processing is carried out on the lawful bases of contract, legitimate interests and, for special-category data, Article 9(2)(f) UK GDPR (establishment, exercise or defence of legal claims).

Confidentiality. The terms of this Agreement and the schedule of assets, liabilities and incomes appended to it shall be treated as strictly confidential between the parties, their solicitors and the Family Court (if engaged on any future application). Neither party shall publish, disclose or use such information except as required by law, with the other party's prior written consent, or for the proper enforcement of this Agreement.

International transfers. Any onward transfer of personal data to a third country (for example, where a party is non-UK-resident, has overseas trustees, or where solicitors operate from an EU or other jurisdiction) shall comply with the data protection test in Schedule 7 of the DUA Act 2025 (which replaces the prior "essentially equivalent" standard for adequacy assessments), using an approved transfer mechanism (UK adequacy regulations, the UK International Data Transfer Agreement or UK Addendum to the EU SCCs).

Automated asset valuation. Where any AI / algorithmic / automated tool has been used to value assets disclosed in this Agreement (AVMs for property, AI-based business valuation, algorithmic pension projections), the parties acknowledge Articles 22 to 22D of the UK GDPR as reformed by section 80 of the Data (Use and Access) Act 2025: no figure with legal or similarly significant effects on either party shall be relied on as the sole basis of a future financial-remedies order if it has been generated solely by automated means without meaningful human review, the right to contest and an explanation of the underlying logic. Each party confirms that any AI-generated valuation has been independently sense-checked by a qualified valuer or accountant.

Governing law: This Agreement and any dispute arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales.

Condition precedent: This Agreement shall have no effect unless and until the marriage between the parties is duly solemnised / registered. If the marriage does not take place within twelve (12) months of the date of this Agreement, this Agreement shall lapse and be of no further effect save in respect of obligations already accrued.

Variation: No variation of this Agreement shall be effective unless made in writing and executed as a deed with the same formalities as this Agreement, each party having taken further independent legal advice.

Entire Agreement: This Agreement (together with any schedule of assets and liabilities appended) constitutes the entire agreement between the parties in respect of its subject matter, superseding any prior arrangement or understanding.

Severability: If any provision is found unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent consistent with the parties' intention.

Third-party rights: A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

Counterparts: This Agreement may be executed in counterparts, each of which when executed shall constitute an original, but all counterparts together shall constitute a single document.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.