20th October 2010

Divorce solicitors in London, Brighton and throughout the UK have been eagerly awaiting a Supreme Court ruling which means that now, for the first time, pre-nuptial agreements have been recognised as enforceable under family law in England and Wales.

Judges in London ruled today that the pre-nuptial agreement between Katrin Radmacher and Nicolas Granatino should stand and that "decisive weight" should be given to its stipulation that neither party to the marriage would make a claim on the other's wealth should the relationship end in divorce.

Ms Radmacher, a German paper industry heiress said to be worth around £100 million, and French-born Nicolas Granatino, a wealthy banker turned academic researcher, married in 1998 having signed a pre-nup in Germany.

When the marriage broke down in 2006, Mr Granatino was earning £30,000 a year and claimed that he had been unaware of the Radmacher family's assets and had not received adequate legal advice before the pre-nuptial agreement was signed.

Originally, a High Court judge awarded Mr Granatino a divorce financial settlement sum of £5.8 million, but on appeal this was reduced to £1 million with maintenance.

Ruling in favour of Ms Radmacher, this latest judgement defers to the couple's pre-nuptial agreement, thereby bringing English and Welsh family law into line with many other European Union states.

Speaking outside the court, Ms Radmacher's family law solicitor said, "Today's ruling means a huge change in English law.

"Pre-nups are now binding as long as they are fair."

Nonetheless, the president of the Supreme Court, Lord Phillips, warned that the court would retain the right not to defer to pre-nuptial agreements or post-nuptial agreements, especially if it was felt that stipulations were unfair to any children involved.