Y v Y (Financial Remedy: Marriage Contract)

Y v Y (Financial Remedy: Marriage Contract)

The wife did not have a full appreciation or understanding of the legal implications of the marriage contract at the time of signing, particularly regarding divorce. Therefore, the contract cannot be enforced to exclude sharing of marital assets. The marital acquest should be shared more or less equally, with non-matrimonial property excluded from sharing.

Parties
Applicant: Y; Respondent: Y
Jurisdiction
England and Wales
Judgment Date
27 June 2014
Procedural Posture
Financial Remedy / Judgment
Outcome
Marital assets to be shared; marriage contract not enforced to exclude sharing.
Legal Topics
Financial Remedy, Marriage Contract, Pre Nuptial Agreements, Matrimonial Property Regimes, Section 25 Matrimonial Causes Act 1973
Family Law Financial Remedy Marriage Contract Pre Nuptial Agreements Matrimonial Property Regimes Section 25 Matrimonial Causes Act 1973

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Parties

Y

Applicant

Y

Respondent

Procedural Posture

Financial Remedy / Judgment

Legal Issues

  1. 1 Whether the French marriage contract (séparation de biens) should be enforced in English financial remedy proceedings
  2. 2 Extent of wife's entitlement to share in marital assets
  3. 3 Impact of lack of legal advice and understanding on enforceability of marriage contract

Ratio Decidendi

The wife did not have a full appreciation or understanding of the legal implications of the marriage contract at the time of signing, particularly regarding divorce. Therefore, the contract cannot be enforced to exclude sharing of marital assets. The marital acquest should be shared more or less equally, with non-matrimonial property excluded from sharing.

Court Disposition

Marital assets to be shared; marriage contract not enforced to exclude sharing.

Orders

  • Former matrimonial home in West London transferred to wife
  • Husband to pay wife two lump sums: £454,670 from N Bank accounts and £1,206,468 from B Bank/K Bank 2 investments