PNAs and Financial Abuse in Later-Life Marriages: Navigating issues of mental capacity and divorce

This article examines the complex intersection of financial abuse and pre-nuptial agreements in later-life marriages, particularly where significant age gaps and blended family dynamics exist. It questions whether current legal safeguards in pre-nuptial agreements are adequate to protect vulnerable individuals from undue influence, especially in cases involving mental capacity concerns, lifetime gifts and familial pressures. The discussion centres on a case study featuring Hugo, aged 78, and Wendy, aged 54, who married in 2020, each bringing substantial assets and adult children from previous relationships. Their pre-nuptial agreement, compliant with the Radmacher v Granatino guidelines, outlined asset protection and generous provisions for Hugo, including a jointly owned property and a divorce settlement. Notably, Wendy later executed a will significantly more favourable to Hugo than initially agreed, and has made gifts to his family that were not anticipated in the PNA. The article highlights the increasing need for specialist advice in these situations, as practitioners are frequently asked to address the risks of financial manipulation and ensure that vulnerable parties’ interests are safeguarded.

The full article has published in the December issue of Family Law.  Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482

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