Pre-nups gain decisive weight

A court ruling has changed the playing field for pre-nuptial agreements between couples.

Appeal judges ruled that “decisive weight” ought to be placed on any agreement signed before marriage.

The Supreme Court ruled in favour of Katrin Radmacher, a multimillionaire, and slashed the divorce payout for ex-husband Nicolas Granatino from £5 million to £1 million.

The couple’s pre-nuptial stated that Mr Granatino would not make any claim on Ms Radmacher’s money, said to total around £100 million.

Lawyers regard the case as a proper test of whether such agreements can be applied under English law.

Representing Mr Granatino, Nicholas Mostyn QC told the nine judges at a hearing earlier this year that the Court of Appeal ruling should not be allowed because it meant a court was legislating on pre-nuptial agreements which are not recognised in English law.

The ex-husband’s appeal was dismissed by the judges, who said that “it will be natural to infer that parties entering into agreements will intend that effect be given to them”.

The judges agreed with the Court of Appeal that a pre-nuptial agreement can be decisive or have compelling weight.

President of the Supreme Court Lord Phillips said the justice system can still waive any pre-nuptial or post-nuptial agreement, for example if it was deemed to be unfair to any children involved.

At IBB Solicitors our Family and Matrimonial team helps families across West London and Bucks. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk.