Latest Solicitors News - November 2010

Prenuptial agreements gain additional clout

Prenuptial agreements have moved a significant step closer to being accepted in English and Welsh courts following a ruling in the Supreme Court which states that “decisive weight” should be given to such contracts.

After the Court of Appeal decided to reduce Nicolas Granatino’s divorce settlement from Katrin Radmacher to £1 million, he took the case to the Supreme Court, which upheld the decision.

The cutting of the settlement was based on the prenuptial agreements signed by Mr Granatino and Ms Radmacher, which stated that they would not claim each other’s money should the marriage fail.

As such agreements are legally binding across continental Europe, including the couple’s native France and Germany, the ruling brings the UK more in line with European legislation, as well as that of most US states, Latin America, Australia and New Zealand.

However, while courts should favour prenuptial agreements in cases where the contract was entered into freely and not honouring it would be unjust, they retain the right to ignore any pre or postnuptial agreement that is deemed to be unfair to either party or the children involved.