Legal Status Awarded For Pre-Nups

Pre-nuptial agreements in courts in England and Wales are now to be accepted, the Supreme Court has ruled.

In the case between German heiress Katrin Radmacher and her former husband, Frenchman Nicolas Granatino, Judges decided the agreement was legally enforceable in England and Wales.

The highest court in the land's ruling gives legal status to the contracts for the first time in the country.

Lord Phillips, President of the Supreme Court ruled "decisive weight" should be given to the agreement which was signed before the marriage so that Granatino would not make claims on the heiress' fortune.

However, it is understood the courts would still have the discretion to waive any pre-nup or post-nup agreement, especially if it was unfair to the children.

Ms Radmacher, who is worth approximately £100m, had signed a pre-nuptial agreement with her ex-husband stating they both would not claim against each other if they divorced.

The couple married in 1998 and signed the contract in Germany were the contract was enforcable.

Speaking outside the court, her Radmacher's lawyer said: "Today's ruling means a huge change in English law.

"Katrina is delighted that Britain has upheld fairness.

"It was meant to be a marriage for love and not for money. Sadly that promise was broken by him.

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

The couple had two children together before they divorced.

After the divorce Mr Granatino changed his mind about the pre-nup and went to court for a settlement.

Initially awarded £5.8m, the claim was later reduced to £1m plus maintenance by the Court of Appeal after they ruled for the first time to take into account the pre-nup.

Lawyers backing pre-nups said the situation allowed London to be the divorce capital of the world because couples came here in the hope of getting a better settlement.

However opponents argued a pre-nup is unfair to the poorer party.

(BMcN)