A significant judgment has been handed down by HHJ Hess (sitting as a Deputy High Court Judge) in the case of IC v AD [2026] EWFC 224, following the final hearing in July 2026.
The Mishcon de Reya team of Antonia Felix, Krishma Sangani, Nick Bass and Jess Cane instructing Michael Glaser KC of Fourteen, successfully persuaded the court to uphold the terms of the pre-nuptial agreement in full, in line with the husband's interpretation, despite the judge describing the agreement itself as "a piece of sub-optimal drafting."
In a case with total assets of £26.6 million (of which £8.6 million was realisable and £18 million was deferred/non-realisable), the wife was awarded a total of £2.837million plus a capitalised spousal maintenance fund of £1 million, with the husband retaining the remainder. The judge found this sufficient to meet the wife's needs and was content to restrict her claims accordingly, in light of the valid pre-nuptial agreement.
The case serves as a timely reminder of the court's willingness to uphold the terms of validly entered nuptial agreements unless it would be unfair to do so, or the agreement fails to adequately provide for needs. HHJ Hess noted that, on the facts, there was no basis to depart from the terms of the pre-nuptial agreement "on the basis of anything other than need".