B e f o r e :
|- and -
Official Shorthand Writers and Audio Transcribers
1 Quality Court, Chancery Lane, London WC2A 1HR
Tel: 020 7831 5627 Fax: 020 7831 7737
MR. B. MOLYNEUX (instructed by Alexiou Fisher Philipps) appeared on behalf of the
Crown Copyright ©
MR. JUSTICE MOSTYN:
"This agreement is intended to create legal contractual relations between MA and BN. It is intended to confirm their separate property interests and to be determinative of the division of their assets in the event of the breakdown of their marriage, annulment, judicial separation or divorce. [And then in upper case] DO NOT SIGN IT UNLESS YOU INTEND TO BE BOUND BY ITS TERMS. [Again in upper case] DO NOT SIGN IT UNLESS YOU HAVE INDEPENDENT LEGAL ADVICE WHICH YOU UNDERSTAND AND WITH WHICH YOU ARE SATISFIED".
"The parties acknowledge that this agreement constitutes the entire agreement between them and they have entered into this agreement without duress, undue influence or coercion of any kind, including the fact that they will be married very shortly and have not suffered from any inequality of bargaining power".
"The parties have fully and frankly disclosed to each other their means and other relevant circumstances which are set out in Appendices A and B to this agreement. Each is satisfied with the disclosure of the other and has sufficient knowledge of the other's financial affairs to enable them to make this agreement. They acknowledge that there is a substantial disparity between their respective incomes and resources and that such disparity is likely to continue".
"Neither party shall make any financial claim of any kind upon the other, nor upon the estate of the deceased [that is in the event of the marriage ending by virtue of death] save in accordance with the terms of this agreement, and the parties agree to incorporate the terms of this agreement, so far as may be relevant, into a consent order of the court".
"In the event of a separation, the husband will make the financial provision for the wife and any children of the family as set out in Appendix C to this agreement in full and final settlement of all claims which either the one may have against the other for capital or income or pension sharing arising out of the marriage whether under the provisions of the Matrimonial Causes Act 1973 or otherwise".
Then there is a proviso, which provides for a cap, which is that,
"The capital provision in all events is limited to 30 per cent of the total value of assets to which the husband is legally or beneficially entitled, including, by way of Trust interests, listed in the schedule to this agreement".
So it can be seen there that there is here clear reference to the husband having Trust interests, referred to on the face of the agreement.
"I am a duly qualified solicitor. Prior to the wife entering into the agreement between herself and the husband, to which this certificate is annexed, I have provided to the wife independent legal advice as to the following matters, (a) the effect of the agreement on her rights, (b) whether at the time my advice was given it was to her advantage, financially or otherwise, to enter into this agreement, and (c) whether at the time it was prudent for her to enter into the agreement, and (d) whether at that time, and in light of such circumstances which were reasonably foreseeable, the provisions of the agreement were fair and reasonable".