CMX v EJX (French Marriage Contract)

CMX v EJX (French Marriage Contract)

The French Marriage Contract was freely entered into by both parties with full appreciation of its implications, and is therefore upheld. However, as it does not exclude a needs-based award, the Wife is entitled to a generous needs-based provision reflecting the long marriage, her contributions, and the high standard of living. The award excludes inherited/gifted assets and is structured to meet the Wife's reasonable housing, pension, and income needs.

Parties
Applicant: CMX; Respondent: EJX
Jurisdiction
England and Wales
Judgment Date
02 November 2022
Procedural Posture
Financial Remedy Application (matrimonial) / Final Judgment
Outcome
Marriage contract upheld; needs-based award granted to applicant.
Legal Topics
Financial Remedies, Prenuptial Agreements, Needs Based Awards, Division of Matrimonial Assets, Pension Sharing, Child Maintenance
Family Law Financial Remedies Prenuptial Agreements Needs Based Awards Division of Matrimonial Assets Pension Sharing Child Maintenance

Case Brief

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Parties

CMX

Applicant

EJX

Respondent

Procedural Posture

Financial Remedy Application (matrimonial) / Final Judgment

Legal Issues

  1. 1 Whether the French Marriage Contract (separation de biens) should be upheld in English proceedings
  2. 2 Whether the contract precludes sharing of matrimonial assets
  3. 3 Appropriate needs-based award for the applicant

Ratio Decidendi

The French Marriage Contract was freely entered into by both parties with full appreciation of its implications, and is therefore upheld. However, as it does not exclude a needs-based award, the Wife is entitled to a generous needs-based provision reflecting the long marriage, her contributions, and the high standard of living. The award excludes inherited/gifted assets and is structured to meet the Wife's reasonable housing, pension, and income needs.

Court Disposition

Marriage contract upheld; needs-based award granted to applicant.

Orders

  • Wife to receive lump sum of £3,950,337 to bring her liquid assets to £8,070,911
  • Wife to receive 50% of Husband’s A Bank Directors’ Pension Scheme (CEV £2,279,490)