Landmark Decision for Pre-Nuptial Agreements


In Radmacher v Granatino UKSC42 the Supreme Court has dismissed the appeal by a majority of 8 out of 9 members (Baroness Hale dissenting). The most significant aspect of the decision here is found at paragraph 75 where the court stated.

“The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement”

This goes further than we have seen before and whilst Pre Nuptial Agreements are still not regarded as a matter of law as binding there appears to be a movement towards a presumption of enforceability, however as with all things the devil is in the detail and so if you need advice and assistance with issues of Family Law / Divorce / Separation and Pre Nuptial Agreements then speak with one of our specialist divorce lawyers now.

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