Where conduct impacts a pre-nup: an analysis of the issues in Loh-Gronager

Abigail Bennett, JMW Solicitors LLP

In Wei-Lyn Loh v Ardal Loh-Gronager [2025] EWFC 483, the Family Court considered the extent to which serious litigation misconduct may affect the weight to be given to an otherwise valid pre-nuptial agreement in financial remedy proceedings. Abigail Bennett, In-House Counsel at JMW Solicitors, examines the court’s treatment of disputed transactions, alleged fabricated emails and conduct under section 25(2)(g) of the Matrimonial Causes Act 1973.

The decision is of particular interest to practitioners because the validity of the pre-nuptial agreement itself was not in issue. The question for the court was instead whether, and to what extent, the husband’s conduct made it unfair for him to receive the full benefit of that agreement.

The judgment provides a useful reminder of the continuing strength of properly entered into nuptial agreements, while also illustrating that party autonomy does not displace the court’s wider obligation to achieve a fair outcome. For those advising on nuptial agreements, conduct arguments and disclosure in financial remedy cases, the case highlights the potential consequences where financial manipulation, dishonesty or litigation misconduct distorts the evidential picture.