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Talitha Brookman discusses the recent Radmacher v Granatino case and its likely impact on pre-nuptial agreements in the future. Published in Knowyourmoney.co.uk.

Historically in England and Wales, pre-nuptial agreements may have been persuasive in helping the Court make a final decision regarding a financial settlement.

However, the Court had the discretion to disregard the pre-nuptial agreement if they considered it to be unfair.

However, the recent high profile case of Radmacher v Granatino had led some to hope that more clarity would be brought to the law regarding pre-nuptial agreements.

The case ultimately went to the Supreme Court which agreed with the Court of Appeal’s previous ruling. This being that the couple’s pre-nuptial agreement was entered into freely by both parties and therefore should be a decisive factor in any subsequent financial awards.

How the Radmacher v Granatino case may affect pre-nuptial agreements in the future.

The Supreme Court highlighted three points that are likely to be important in terms of understanding how the Courts in England and Wales will view pre-nuptial agreements in the future:

  • The agreement was entered into freely by both parties without undue pressure and with full information as to its implications.
  • In this case, it was understood by both parties that the agreement was legally binding in Germany – the country in which it was signed.
  • The parties may not be held to the agreement if certain other prevailing factors then made it unfair to either party, for instance, where the needs of children apply.

In the Radmacher v Granatino case, there were no factors which rendered the agreement unfair.

The above points do not mean that a pre-nuptial agreement will be binding, simply that the agreement may be binding given the right circumstances. The Court will still allow a departure from any nuptial agreement if it is considered unfair. However, it seems that Courts may now be more willing to uphold a fair pre-nuptial agreement.

If you would like to discuss with Brookman Solicitors any issues relating to nuptial agreements please contact us.

Is love blind? What happens if one party fails to accept it’s over?

Date: May 6th, 2011 - Written by: Brookman Solicitors

Many a client who comes into the office to discuss their break up and imminent divorce understandably finds it difficult to accept the relationship is really over, even when the other party has given every indication that they do not wish to continue with the marriage.  If every attempt to reconcile has been unsuccessful, both… Read the full article

EU set to make divorce more complicated for transnational couples

Date: April 28th, 2011 - Written by: Brookman Solicitors

Henry Brookman identifies some of the potential pitfalls in a recent European Commission proposal. Published in Times Online. The European Commission has recently published a proposal relating to EU-wide rules on property rights for married couples. Unfortunately, the proposal appears not to take into consideration the real and practical situations faced by couples in England… Read the full article

Who has the legal right over jewellery purchased as a ‘gift’?

Date: April 9th, 2011 - Written by: Brookman Solicitors

Henry Brookman provides the answer to a Financial Times’ ‘Wealth Question’ regarding who ultimately owns jewellery that has been purchased by a spouse for their partner. A brief history Dating back to before the 1870 Married Women’s Property Act, the presumption was that jewellery purchased by the husband had been lent to the wife “for… Read the full article

International Divorce – What Are The Issues?

Date: March 24th, 2011 - Written by: Brookman Solicitors

Henry Brookman explains how different countries’ rules vary regarding divorce, prenuptial agreements, child custody and financial matters.  Published in The Telegraph Online. When people go to live in another country they are often preoccupied with matters relating to their employment and their living arrangements. However, what they often do not consider is the extent to… Read the full article

Till Death Do Us Part?

Date: February 24th, 2011 - Written by: Brookman Solicitors

What does marriage really mean these days?  Do people always get married for the right reasons and do most people seriously consider that they will be spending the rest of their days with their betrothed? Short marriages seem to be even more common these days, especially in high profile and high net worth cases.  Worryingly… Read the full article

Divorce In England And Wales – Your Questions Answered

Date: February 17th, 2011 - Written by: Brookman Solicitors

Julius Brookman provides answers to some of the frequently asked questions regarding divorce in England and Wales. Published in Independent Practitioner. Q1: Is there such thing as a ‘quickie divorce’ It is possible for the divorce process to take between four-and-a-half and six months if there are no assets to split. However, it is the… Read the full article

Prenuptial Agreements – Future Changes In The Law?

Date: January 20th, 2011 - Written by: Brookman Solicitors

Henry Brookman contributes to an article about potential future changes in the law for prenuptial agreements. Published in The Lawyer. It is now being reported that 43 percent of first marriages end in divorce in the UK, which is the highest level it has ever been. Even though this issue affects many people, successive governments… Read the full article

Can Social Media Cause Divorce?

Date: January 12th, 2011 - Written by: Brookman Solicitors

Over the last twenty years, communication between people has gone from being relatively private (by letter or phone call) to being very public (such as via Facebook and Twitter).  Depending on the settings of a person’s Twitter or Facebook account, their online comments could be viewed by all their online friends, or very possibly, viewed… Read the full article

Could Hong Kong Be The Next Divorce Hotspot?

Date: November 22nd, 2010 - Written by: Brookman Solicitors

The Times reports on a recent divorce judgement in Hong Kong that could see future financial settlements in the jurisdiction divided equally. Until last week, divorce settlements in Hong Kong were typically decided on the basis that the wealthier partner would keep any surplus after the weaker partner’s financial needs had been met. This meant… Read the full article

Radmacher v Granatino – The Impact On Future Pre-Nups

Date: November 17th, 2010 - Written by: Brookman Solicitors

Talitha Brookman discusses the recent Radmacher v Granatino case and its likely impact on pre-nuptial agreements in the future. Published in Knowyourmoney.co.uk. Historically in England and Wales, pre-nuptial agreements may have been persuasive in helping the Court make a final decision regarding a financial settlement. However, the Court had the discretion to disregard the pre-nuptial… Read the full article


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I engaged Brookman Solicitor's on a particularly complex topic related to international divorce. Henry and his team provided excellent support and his expertise was a critical factor in a successful outcome. I would not hesitate in working with this firm again, or recommending them to others.

Petra LP 25/10/2018

Replied to my query very quickly and was very helpful and understanding.