Family law
Is it possible to challenge a pre nup?
In the impending high value divorce of Nick Candy and Holly Valance, the former pop star has allegedly spoken of wanting to take her billionaire husband “for every penny” – but with a pre nuptial agreement in place, is it possible to get even more than was initially agreed?
After 14 years of marriage and two children, property magnate Nick Candy and his ex-pop star wife Holly Valance are now planning to divorce.
It is understood the couple signed a pre-nuptial agreement before their wedding, but Holly is said to be determined to get “every penny” from her soon-to-be ex-husband.
So is it possible to revisit or challenge a pre nup? Our family law expert Andrew Ormrod explains: “Whilst pre nuptial agreements are not water tight like a court order, if they were prepared properly, without pressure and each party knowing the others financial position, then the parties she expect the court to hold them to the terms.
“However, if it is clear that a party’s needs will not be met or the circumstances now mean that the agreement wouldn’t be fair, then the court can depart from the terms, and treat the fact that the parties had signed a pre nup as one of the several factors that must be considered.”
Is my pre nup binding?
Generally, a court will stick to the terms of a pre nup if it is established that there was full disclosure of all relevant information by both parties and everything was entered into honestly. There must have been no pressure on either party to enter into a pre nup, and independent legal advice should have been sought.
The pre nup should have been fair to both parties and should have also made provision for children, both those that were born at the time of the agreement and any future children.
If something has changed substantially since the pre nup, which could be seen to disadvantage one party in the divorce, then the court will take that into consideration.
How can I challenge my pre nup?
The circumstances of each unique case will be considered if one party feels the pre nup puts them at a disadvantage, and one of the main factors we see in successful challenges is if there has been dishonesty or fraud when disclosing assets or levels of wealth. Not giving full and frank disclosure of all relevant information can mean that a challenge further down the line could be likely.
In cases where circumstances have changed dramatically – for example, the levels of wealth involved have increased or decreased significantly – then that could also constitute grounds for review. A pre nup intends to be fair to both parties, and if that is no longer the case, then a court may consider that it should be overruled.
It must be the case that both parties knew what they were signing, that there was no pressure on them to do so and that they were emotionally and mentally able to do this and understand its implications. If there is any doubt on these grounds, then again a challenge could potentially be made.
Each case will be judged on its merits – but broadly speaking, if you feel you are being put at a disadvantage through your pre nup, then seek specialist advice on next steps you can take.
Legal support from Slater and Gordon
If you need advice on challenging a pre nuptial agreement, or any aspect of making or changing a pre nup, contact our family law team. Call us on 0330 041 5869 or contact us online.
