Following the Court of Appeal’s decision on the 2 July in the case of Radmacher v Granatino, it is anticipated that pre nuptial agreements will soon become fully enforceable.

Mrs Radmacher, who is worth £100 million, succeeded in challenging a previous court ruling that she pay her ex husband more than £5.5 million when the couple had previously entered into a pre nuptial contract three months before they married.

The Court of Appeal in their judgment called for greater recognition of prenuptial agreements. Lord Justice Thorpe stated, ‘In so far as the rule on such contracts are void survives, it seems to me to be increasingly unrealistic. It reflects the law and morals of earlier generations. It does not sufficiently recognise the rights of autonomous adults to govern their future financial relationships by agreement in an age when marriage is not generally regarded as sacrament and divorce is a statistical commonplace’.

For further advice on pre nuptial agreements, divorce and the division of matrimonial assets please contact Richard Maloney.

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