Case No. EWFC-136

v Brack [2018] EWCA Civ 2862 where Eleanor King LJ said the following at paragraph [103]:-“Even where there is an effective prenuptial agreement, the court remains under an obligation to take into account all the factors found in s25(2) of the Matrimonial Causes Act 1973, together with a proper consideration of all the circumstances, the first consideration being the welfare of any children. Such an approach may, albeit unusually, lead the court in its search for a fair outcome, to make an order which, contrary to the terms of the agreement, provides a settlement for the wife in excess of her needs. It should also be recognised that, even in a case where the court considers a needs-based approach to be fair, the court will, as in KA v MA, retain a degree of latitude when it comes to deciding on the level of generosity or frugality which should appropriately be brought to the assessment of those needs”.46.There is not much doubt that, if I reject the Marriage Contract as being operative, it is likely that the matrimonial assets will be divided equally, subject to the small issue as to whether there should be any allowance for post-separation accrual. Issues concerning liquidity would be dealt with by a combination of the value to be ascribed to the asset or the possibility of deferred sharing. 47.If, on the other hand, I find that the Marriage Contract does exclude sharing in this case, I must go on to consider the other two limbs of the Miller/McFarlane test, namely compensation and needs. There is no question of compensation for relationship generated disadvantage in this case. The Wife continued to work and has recently been able to create and sell a very successful business. I do accept that she might have earned more if she had not had child-care responsibilities but any such shortfall will be more than made up for in her needs claim. 48.Finally, I would have to consider her needs. It is clear to me that this is a case where I do not need to consider issues such as whether she will be reduced to “a predicament of real need” as referred to in Radmacher. There is nothing in this Marriage Contract that prevents an award based on needs. As Eleanor King LJ said in Brack, in deciding on her needs, I would have to consider all the section 25 factors. This was a long marriage where the Wife made a full and complete contribution in every respect. There are very significant resources available. The standard of living enjoyed during the marriage was high. The Husband’s income was very high and large capital resources were generated. I am quite clear that any award based on need should be generous and complete. 49.Turning to pension sharing, my attention was drawn to the decision of Nicholas Francis QC, sitting, at that point, as a deputy High Court Judge in