NA v MA

NA v MA

The post-nuptial agreement was not enforced because the wife was subjected to undue and unacceptable pressure by the husband, overbearing her free will. The agreement was not premised on fairness and was calculated solely by the husband. The court applied section 25 of the Matrimonial Causes Act 1973 and relevant authorities to determine a fair financial award.

Parties
Applicant: N. A.; Respondent: M. A.
Jurisdiction
England and Wales
Judgment Date
24 November 2006
Procedural Posture
Divorce/ancillary Relief / Final Judgment
Outcome
Post-nuptial agreement not enforced; fair financial award granted to wife.
Legal Topics
Ancillary Relief, Post Nuptial Agreements, Undue Influence, Asset Division, Financial Provision, Children's Maintenance
Family Law Ancillary Relief Post Nuptial Agreements Undue Influence Asset Division Financial Provision Children's Maintenance

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Parties

N. A.

Applicant

M. A.

Respondent

Procedural Posture

Divorce/ancillary Relief / Final Judgment

Legal Issues

  1. 1 Should the post-nuptial agreement be enforced?
  2. 2 Was the wife subject to undue influence or pressure when signing the agreement?
  3. 3 What is the fair financial award for the wife?

Ratio Decidendi

The post-nuptial agreement was not enforced because the wife was subjected to undue and unacceptable pressure by the husband, overbearing her free will. The agreement was not premised on fairness and was calculated solely by the husband. The court applied section 25 of the Matrimonial Causes Act 1973 and relevant authorities to determine a fair financial award.

Court Disposition

Post-nuptial agreement not enforced; fair financial award granted to wife.

Orders

  • Wife awarded £9.176 million in total capital (including housing fund, capitalised income, debts).
  • Children's maintenance set at £60,000 per annum each plus school fees.