In her thorough examination of High Court and Court of Appeal judgements post-2010 concerning nuptial agreements in England and Wales, Wenup’s co-founder and Lead Barrister, Maria Scotland, has revealed key insights into the drafting of such agreements. The review of 29 cases showed that only 9 were upheld in court, underscoring the necessity for meticulous preparation in crafting these agreements.
The analysis points to the essential need for adaptability in PNAs. Many agreements failed due to their inability to reflect changes over time, lacking necessary updates. Wenup has innovatively addressed this issue by incorporating mechanisms for regular review and updates, thus maintaining the relevance and effectiveness of their PNAs over time.
A critical determinant in the success of PNAs is how “needs” are defined. Maria Scotland’s study stresses the importance of tailoring needs to the unique circumstances of each couple, considering various factors like age, health, and financial capacity. Wenup’s strategy avoids setting rigid lump sum payments, opting for a more flexible approach that considers the evolving nature of individual needs, thereby ensuring the reliability of their agreements at the end of relationships.
Wenup’s philosophy in creating PNAs is to provide customised solutions rather than a universal template, recognising that each couple’s situation is unique.
Furthermore, Wenup stands out by avoiding assumptions about future events in their PNAs. Prospective developments such as having children or acquiring new assets are intentionally excluded to prevent potential imbalances in the agreement. Instead, Wenup encourages couples to update their agreements following significant life changes, offering an affordable and straightforward process for doing so.
Overall, Wenup’s approach to nuptial agreements is based on flexibility, specificity, and a dedication to fulfilling the genuine needs of both parties involved. By drawing on past legal cases and integrating these learnings into their methodology, Wenup seeks to offer couples robust, adaptable agreements that are equipped to withstand legal scrutiny and evolve alongside the dynamics of marriage.
