CAPE Law Unit 2 · 2008 (second paper) · Paper 2 · Question 6(b)

Marco and Paula execute a pre-nuptial agreement barring legal action over marital business ventures and agreeing to equal profit sharing for three years post-termination. After five years of operating a bakery, they divorce. Paula uses first-year profits to establish a profitable supermarket. Marco claims half the supermarket profits under their agreement, but Paula rejects the claim.

Citing case law in support of your answer, advise Marco whether or not his claim is likely to succeed.