ABSTRACT
In applications for financial provision under the 1973 Act, prenuptial agreements may be afforded some recognition in two ways. This was so even though a stay of the English proceedings would make it unlikely that the wife would be able to claim any further financial provision beyond that provided for in the pre-nuptial agreement. In such circumstances a party to the dissolved marriage may seek financial provision by means of an application under Part III of the Matrimonial and Family Proceedings Act 1984. Clearly, there is a danger that the limitations imposed by a pre-nuptial agreement could operate unfairly on the termination of a marriage which has endured for many years whether it is a first or subsequent marriage for one or both of the parties. Thus he suggests that it would not be an unforeseeable change of circumstance if a spouse merely increases his or her earning capacity during marriage.
