Read the full article in Spear’s: Inside the rise of lifestyle clauses in modern prenups
Nick’s comments have been reproduced below with kind permission.
Nick Manners, head of the family department at Payne Hicks Beach, agrees that lifestyle clauses are ‘not common’ and are unlikely to be enforced. He points to the case of Sutton v Mishcon de Reya, where the court refused to enforce a cohabitation agreement, which was based on a couple’s “master/slave” sexual fantasies and requirements relating to their dominant-submissive relationship.
Manners adds that clauses pertaining to personal matters – whether sexual practices or physical appearance – are not something with which British judges want to interfere. ‘The English court is pragmatic and is focused on the financial reality,’ he says. ‘It is not a court of morality or a court that polices an individual’s weight.’
For further information, please get in touch with Nick Manners. Alternatively, telephone on 020 7465 4300
