The clear answer, following the decision of Mostyn J in BN v MA1, is ‘no’. However, one has to consider the factual matrix of this case, namely it was a pre-nuptial agreement in the context of a 14-month marriage. The document contained a clear warning of the legal consequences for signing the document, as well as setting out the intention and purpose of the document. Mostyn J commented on the issue particularly of autonomy as follows:
‘The principle of autonomy is, in my view, extremely relevant. In many cases, and this case is an obvious one, the parties entering into the agreement are sophisticated, highly intelligent and have the benefit of the best legal advice that money can buy. Where in those circumstances they have thrashed out an agreement, which they have both then freely signed, in my view, heavy respect should be accorded to that decision.
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