Case No. EWFC-136

62.I first turn to the question of the Marriage Contract. There is no doubt whatsoever that it was freely entered into by each party. I do not consider that the lack of independent legal advice or full disclosure is fatal. First, they did get advice from the Notary. Second, the parties were well aware of their respective positions at the time. Did they have a full appreciation of the Contract’s implications? I have come to the clear conclusion that they did. It is important to remind oneself that such Marriage Contracts are very common in France. In reaching my conclusion, I have been very struck by the fact that the parties went to the firm of Notaries used by the Wife’s family. It is difficult to say with certainty how this came about but nobody has suggested that it was the Husband or his family that were pressing for this Marriage Contract. After all, the Husband was a student studying for his exams, albeit that he did have a good job offer with A Bank up his sleeve. Moreover, somebody must have asked the firm to prepare the first draft of the Contract and I find it almost impossible to believe it was the Husband. 63.In general, I have found the evidence of the Husband considerably more persuasive on this issue than that of the Wife. There is no doubt in my mind that the Notary would have explained the Contract and its ramifications to the parties in detail. It was her obligation to do so and it is inconceivable that she would not have done so. I was particularly taken with the Husband’s evidence that, when the Notary started talking about the consequences on a divorce, he tried to stop her but was “given a ticking off”. This can only have been because the Notary knew she had to deal with it. 64.This Wife is extremely intelligent. She had been working for three years in responsible employment. I cannot accept that she would not have known that the whole point of such Contracts was to deal with the position on divorce or separation given that there is no real need for them otherwise. In any event, even if she did not, the Notary told her. At the time, she was earning more than the Husband. She wanted to retain her career and keep the rewards from that career. Whilst I cannot be entirely sure of the motivation of her or her family, I am clear that the Radmacher test for upholding this Contract is satisfied. Those who sign marriage contracts must understand that it is a significant step with very important consequences. These contracts will be enforced in France and will not simply be torn up in this jurisdiction. 65.There is no doubt that this Marriage Contract would have failed the Radmacher test if it had attempted to exclude a needs based award as it would not then have been fair but the Contract does no such thing. It follows that I must go on to consider the correct needs based award to make to this Wife following this long marriage in which she has made as full a contribution as she could possibly have made.