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Does a qualifying post-nuptial agreement preclude a ‘second bite of the cherry’ under the Matrimonial and Family Proceedings Act 1984?

Date:16 MAY 2016
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Pupil Barrister

Z v Z and Others [2016] EWHC 911 (Fam)

Consider the following scenario. Upon divorce in a foreign jurisdiction one party to the marriage (A) achieves the best financial settlement they deem possible against the other party (B). This is achieved by way of a post-nuptial agreement expressed to be in ‘full and final settlement’ of A’s claims against B in any jurisdiction. Absent any vitiating factors to what extent does that agreement affect A’s subsequent claim in England and Wales for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984 (the 1984 Act)?

Roberts J addressed the issue in the recent case of Z v Z and Others [2016] EWHC 911 (Fam).


A two-stage process

On 22 April 2016 Roberts J handed down a comprehensive judgment in Z v Z. The case concerned a former wife’s application for financial relief after an overseas divorce under Part III of the 1984 Act.

The judgment forms ‘Stage I’ of a two-stage process. At Stage I the court was asked to determine whether – pursuant to s 16 of the 1984 Act – it would be ‘appropriate’ to make an order. Provided settlement...

Read the full article here.