Romance is dead.

Today, the verdict was delivered in the case of a German paper company heiress, Katrin Radmacher. Her ex-husband Nicolas Granatino went to the Supreme Court after appeal judges slashed his divorce settlement from more than £5m to £1m. However, the Supreme Court said it agreed that in the right case such agreements can have decisive or compelling weight.
This verdict was long-awaited by lawyers as a test of whether pre-nup agreements were applicable in law in England and Wales. The justices said that following their ruling "it will be natural to infer that parties entering into agreements will intend that effect be given to them".
Lord Phillips, President of the Supreme Court, said the courts would still have the discretion to waive any pre-nup or post-nup agreement, especially when it was unfair to any children of the marriage.
This ruling means that if the parties enter into a pre-nup freely and are fully informed of all the relevant financial and other information, and the implications of the agreement, then the courts will uphold the pre-nup.
Pre-nups are now an attractive option for those who might wish to ring ringfence part of their wealth and assets at the beginning of a marriage. They are not simply for the super-rich, but will benefit those entering second marriages, who want to protect their wealth for their children should the marriage fail and for those who are business owners.
If you would like further detail on this, please contact Richard England on 01827 317078.