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Terms of post-nuptial agreement upheld: Wife loses £2m divorce battle after signing agreement

Terms of post-nuptial agreement upheld: Wife loses £2m divorce battle after signing agreement

Caroline Hopkins, 62, has lost a divorce battle in London’s High Court after the judge upheld the terms of a post-nuptial agreement that she had signed, which saw her entitlement limited to £350,000 and two properties. She had previously told the court she should be awarded a further £2 million following the breakdown of the marriage. Mrs Hopkins married her former husband William in 2009, after the pair engaged in an extra-marital affair in the 1980s. The couple had one child together and lived in Wincanton, Somerset, but separated less than three years after finally tying the knot.

After experiencing some martial difficulties, Mrs Hopkins visited a divorce lawyer in 2011 in order to seek advice about her entitlements. The couple went on to sign a post-nuptial agreement in August 2011, which gave Mrs Hopkins the family home – currently valued at more than £530,000 – along with an investment property, a 50% stake in her husband’s pension, and a £350,000 pay out.

Argued that the post-nup was entered into under undue influence

However, Mrs Hopkins has argued to the High Court that she should be entitled to £2 million. She claimed her ex-husband is worth £54.3 million – although Mr Hopkins put his personal wealth at £38.4 million – and that she entered into the post-nuptial agreement under undue influence. It was argued that Mr Hopkins had “badgered and harassed” her into signing the arrangement, and that when she had challenged the fairness of the terms, he had become “uncontrollably angry”, raising his fists and pulling her clothes tight around her neck.

Mr William Hopkins denied the allegations made against him. He said no such incident had occurred, although he accepted that the marriage had contained “physical tension”.

Presiding over the case, Deputy High Court Judge Nicholas Cusworth QC declared that it would be “unfair” if the terms of the agreement made between the couple were not upheld.

He cleared Mr Hopkins of applying any undue influence and concluded that at the time, Mrs Hopkins was “rational, thoughtful, saddened by her situation, but certainly capable of independent thought… she knew her own mind and was keenly aware of her own objectives”.

The weirdest reasons for divorce

As figures from the Office for National Statistics show that in 2012, there were 13 divorces an hour in the UK, Fortitude Magazine has collated the weirdest recorded reasons for divorce.

The article reports that in Saudi Arabia, a husband had been married to his wife for 30 years but had never seen her face uncovered by her veil. He decided one night to lift the veil in order to see what his wife really looked like. After waking up and catching him in the act, his wife filed for divorce the next day. Another example cited is a woman who ended a 15-year marriage because of her husband’s obsessive compulsive cleaning. She argued that the problem had become so severe that he had knocked down a wall in their home, as he perceived it as not clean enough for him.

However, Fortitude argues that the internet, and in particular social media, is the biggest challenge to married couples. While extra-marital relations and online dating are frequently cited in divorce proceedings, the article references one couple who enjoyed playing virtual reality games together, such as World of Warcraft. After the wife failed to show for a virtual date, the husband filed for divorce to end their marriage in reality. It later transpired in the proceedings that the husband had engaged in an online affair.

The divorce process can be long winded, confusing and stressful. For expert insight and friendly advice, talk to experts at IBB Solicitors today. Whether you’re looking for a quick, stress-free end to your marriage, want to contest parts of your separation or simply want more information on the process, we can help. Call us with no obligation today on 01494 790058 or email us at amanda.melton@ibblaw.co.uk.