Pre-nuptial agreements, litigation conduct and third-party support for future needs (HD v WB)

Article summary

Family analysis: This case involved a long marriage with realisable assets of over £43m at the point of separation, held almost exclusively by the wife. The parties entered into a pre-nuptial agreement on the date of the marriage, with the husband having declined to take legal advice on the contents. On separation the husband sought that the pre-nuptial agreement should be disregarded and the wife argued that the terms of the agreement should be determinative of the outcome. As a secondary issue, the husband was a shareholder in a company controlled by other members of his family. Mr Justice Peel was asked to determine whether the husband could expect to benefit from a realisation of his shareholding to support future needs and went on to consider cross-applications for costs, notwithstanding the impact that a costs order would have on the husband’s needs budget. Kayleigh Biswas-Gregory, associate solicitor at Rayden Solicitors, examines the issues.