Is now the time to turn your pre-nup into a post-nup? Asks Mark Irving
In the case of MacLeod v MacLeod [2008] UKPC 64, the Privy Council addressed the vexed question of the enforceability of pre-nuptial and post-nuptial agreements. Mr and Mrs MacLeod were married in Florida on Valentine’s Day 1994 and on the same day signed a pre-nuptial agreement.
There was a considerable difference in wealth and age between them. Mr MacLeod had amassed huge wealth through business development and was 49. Mrs MacLeod had been studying for a degree in business administration and was 27. Four months later they moved from the US to the Isle of Man, where they lived together for the remainder of their nearly 10 year marriage, and had five sons.
In 1997 a temporary post-nuptial agreement was signed which lapsed a year later. In July 2002 a further post-nuptial agreement was signed. It is this latter agreement which became the bone of contention between the parties upon their divorce. The 2002 agreement did a lot. It confirmed the 1994 pre-nup but also made substantial variations to it.
