Pre Nuptial agreements to be made binding but not this week
The much hyped news that the law commission is to recommend legislation to legalise pre nups was timely considering the news last week that Victoria Luckwell, daughter of of Bob The Builder inventor , Mike Luckwell has had three pre nuptial agreement ignored by the courts.
In their bitter divorce battle, a judge ordered that estranged husband Frankie Limata was entitled to about £1.2m from his wife Victoria Luckwell to give him a home and pay off his debts following their split. The judge warned his decision could mean Luckwell having to sell her home in Connaught Square, London, also the home of Tony Blair.
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Mr Luckwell made a gift of the Connaught Square property to his daughter and said he was disgusted that Limata, 45, had gone back on three pre nuptial agreements that he would not make claims against family assets. But high court family division judge Mr Justice Holman ruled proper provision must be made for Limata – despite the agreements – particularly to avoid the divorce having a damaging impact on the couple’s three children.
He said the children could find themselves living with their 37-year-old mother “in relative luxury” and then staying with their father, who was in debt and lacked assets, “in relative penury”.
The judge said: “If all the facts were the same but the genders reversed, it is inconceivable that the agreements would outweigh making a substantial award to the wife, even if the children were primarily living with the husband and only intermittently staying with her.”
The ruling followed six-and-a-half days during which the judge was told that Luckwell had threatened to disinherit his daughter if she broke a promise not to sell her home to benefit Limata.