Hale LJ dissented and expressed concern
regarding a general enforceability of pre-nuptial
agreements and that the law should «not introduce a presumption or starting point in favour of holding the parties
to it: the guiding principle should be fairness in the light of the actual and foreseeable circumstances at the time when the court
comes to make its order» and stated that «modern marriage still possesses an irreducible minimum, which includes a couple's
mutual duty
to support one another and their children».