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Cummins v Fawn [2023] EWCH 830 (fam) on nuptial agreements

The recent judgment in Cummins v Fawn [2023] EWCH 830 (fam) may now make it harder for a party to successfully challenge a nuptial agreement in the event of divorce on the basis that it leaves them in a “predicament of real need”.

If an agreement is challenged and the judgment in Cummins v Fawn is followed, the court should adopt a broad approach to determine whether the agreement is fair.

Further, if the court deems the agreement to be unfair, it should also only adjust the agreement by no more than necessary to make it fair. Therefore, the aim is for any adjusted agreement is to be as close to the nuptial agreement as possible.

The judgement in Cummins v Fawn can therefore be seen as a positive by those who seek the certainty and reassurance that an agreement in writing should be upheld.