In the recent case of Hopkins v Hopkins [2015] EWHC 812 (Fam) the High Court of Justice considered Mrs Hopkin’s application for financial provision on top of the provision contained in a Post-Nuptial Agreement which she has received but for the implementation of an agreed pension sharing order.
Mr Hopkins (66) and Mrs Hopkins (62) married in 2009 and separated in 2011. They had however known each other for a long time and met when they were 28 and 25 at which time they were involved in an affair and during this extramarital relationship they had a son. When they eventually married in 2009, both parties already had 2 older children in their respective marriages. In August 2011 the parties reached an agreement signed a Post-Nuptial Agreement upon separation which defined the appropriate provision in the event of marital breakdown.
A key principle developed in case law in relation to contractual agreements is that the objective is to ensure that the influence of one person over another is not abused and that all agreements are entered into freely by each party with a full appreciation of its implications. Considering this, it was Mrs Hopkins’ argument that, despite the fact she had received prior legal advice, the Post-Nuptial Agreement had been ‘vitiated by duress, or undue pressure, or the exploitation of the husband of a dominant position over the wife, after taking into account the wife’s emotional state and the pressures which it is said she was feeling under at the time’.
The Judge in this case found it difficult to accept that Mr Hopkin’s ‘bullying’ behaviour via letters was not sufficient to vitiate Mrs Hopkins to sign the agreement and also made reference to the fact that it was not until the end of November 2012 that Mrs Hopkins finally decided she would challenge the Post-Nuptial Agreement. Amongst other factors, based on this the Judge rejected Mrs Hopkin’s claim that she was acting under undue influence when she entered into the agreement.
To see the full judgment click here: http://www.bailii.org/ew/cases/EWHC/Fam/2015/812.html
A Post-Nuptial Agreement is a contract which provides details of how assets and property will be divided in the event of separation, divorce or upon death. This recent case highlights that it is important that both parties obtain independent legal advice and are fully aware of the implications of the agreement. We can discuss in detail both Pre and Post-Nuptial Agreements and ensure that everything important to you is covered and help you consider anything that may change in the future. Contact our specialist Family Law lawyers at our Altrincham or Manchester offices today on 0161 927 3118 for a free 20 minute consultation.