Nuptial agreements and inheritance- key issues for financial remedy cases

Pre- and post-nuptial agreements are now a central feature of financial remedy work, particularly where wealth protection and inheritance planning are in focus. Yet questions remain around their enforceability, strategic use, and how they interact with the court’s approach to needs and fairness.

This practical webinar explores the evolving legal framework surrounding nuptial agreements, with a particular focus on inheritance and the treatment of non-marital assets. You’ll gain clarity on when these agreements carry weight, how the courts approach them in practice, and how to advise clients confidently—whether dealing with high-net-worth individuals or more typical asset profiles.

Topics covered include:

• When may prenuptial agreement be relevant?
• What is the impact of Radmacher v. Granatino [2010] UKSC 42? What principles emerge from this case?
• Are pre-nuptial agreements binding, and what are the benefits of such agreements?
• Nuptial agreements and meeting needs – consideration of Ipekci v McConnell 2019 EWFC 19 and Robson v. Robson 2010 EWCA Civ 1171
• Distinction between marital and non-marital property – WX v HX (Treatment of matrimonial and non-matrimonial property) 2021 EWHC 241 (Fam)
• Non-material disclosure in negotiating the pre-nuptial agreement.
• What about future inheritance? Can this be taken into account? Consideration of Alireza v Radwan and Others 2017 EWCA Civ 1545
• Continuing use of Pre- nuptial Agreements – consideration of Helliwell v Entwistle 2024 EWHC 740 (Fam)
• Deceit and material non–disclosure
•  Consideration of Helliwell v Entwistle [2025] EWCA Civ 1055 and [2025] EWCA Civ 1071
• Future of pre and post nuptial agreements