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  1. Wealth
March 22, 2010

Radmacher v Granatino: The Facts

By Spear's

A briefing note from Manches on Radmacher v Granatino, the case (whose judgment is being handed down on Wednesday) which will determine the validity of pre-nups in England

A briefing note from Manches on Radmacher v Granatino, the case (whose judgment is being handed down on Wednesday) which will determine the validity of pre-nups in England

The Supreme Court will today start hearing the potentially landmark case of Radmacher v Granatino which involves a German pre-nuptial agreement signed by one of Germany’s richest women, Katrin Radmacher, a paper industry heiress who made legal history last year when her pre-nuptial agreement was recognised by the Court of Appeal.
 
Such agreements are not legally binding in England and Wales, though they are now given some weight by the courts, particularly in the case of short, childless marriages. At a time when London has gained a reputation as the divorce capital of the world, and when England has become the jurisdiction of choice for ‘forum shopping’ would-be divorcees, many family lawyers are urging greater clarity in relation to the status of pre- nuptial agreements.

The Supreme Court is hearing Radmacher at a time when an increasing number of those contemplating marriage are seeking to regulate the fi nancial aspects of their relationship and to ensure certainty if things do go wrong. The decision will be particularly important for the increasing number of wealthy international families who have relocated to London in recent years and who are seeking to avoid the decimation of their wealth following divorce.

This note sets out in brief a summary of the case to date, provides an overview of the current law in England and Wales including some recent caselaw and speculates on the possible impact of the Supreme Court’s decision.

To download the full note, click here

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