Farrer & Co secures landmark Family Court ruling on coercive influence in marital agreements

In this landmark judgment, PN v SA [2025] EWFC 141 – awarding the wife £230.78m, which is the third largest divorce settlement in English legal history – the Family Court has recognised the strain that a build-up of persistent and attritional conduct places on relationships, and that this can ultimately erode a person’s free will. There does not need to be a "blow up" event or interaction for there to be improper pressure or control – the effects of such conduct are insidious.

Whilst the Family Court has endorsed pre-nups and post-nups which are freely entered into with the benefit of legal advice and financial disclosure, this decision also underlines that agreements which fall foul of these requirements are vulnerable to challenge.

Farrer & Co represented the wife in this case, with Claire Gordon (Partner) instructing Tim Bishop KC, Richard Sear KC, and Ben Wooldridge from 1 Hare Court and Emma Chamberlain OBE from Pump Court Tax Chambers.

A key aspect of the judgment is its recognition of the vital emotional support that family lawyers often provide to their clients, alongside legal advice. It has now been made clear that attempts to restrict a person’s access to their lawyer could undermine an agreement entered into between a couple, for this reason.

Spouses who have signed an agreement against a backdrop of pressurising or controlling behaviour can now feel more confident that the Family Court will scrutinise the circumstances in which the agreement was signed through a modern lens.

“It was a privilege to support our client in this case, which we expect to have wider implications for others in a similar situation,” said Claire Gordon, Partner at Farrer & Co. “For those who are considering a pre-nup or post-nup, the key is to start an open conversation with your partner as early as possible, each take independent legal advice, and provide disclosure about your respective financial positions. This is the best way to evidence that you have both freely entered into the agreement, with a full understanding of the consequences – and therefore means you are less likely to run into difficulties should you part ways.”

© Farrer & Co LLP, July 2025