Thursday 2 July 2009

Landmark pre-nuptial victory may pave way for contracts to become legally binding

A Black Country family law specialist says that a Court of Appeal ruling over a divorced couple's pre-nuptial agreement is likely to pave the way for such contracts to become legally binding in the UK.

Philip Barnsley, a partner at Higgs & Sons and a member of its respected family law team, believes that Radmacher v Granatino is a landmark case within the family law courts.

“Katrin Radmacher, a paper industry heiress, was granted leave to appeal a High Court ruling which last year determined she should pay her ex-husband, former investment banker Nicolas Granatino, £5.8 million,” says Philip.

“She has now succeeded in overturning the High Court decision to award her ex-husband the sum out of her £100m fortune, effectively upholding the terms of their pre-nuptial agreement, in which Mr Granatino agreed that he would make no claim against her fortune in the event of a divorce.”

Pre-nuptial agreements are enforceable in Germany, where the couple's was signed, but not in the UK where they married. They are also enforceable in Mr Granatino's home country of France.

Miss Radmacher, one of Germany's richest women, has now won a ruling from the Court of Appeal that such contracts should be taken into account by the courts when they divide assets after a marriage fails.

Philip said of the case: “Miss Radmacher argued that ‘the freedom to agree a contract was at the heart of all modern commercial and legal systems’, and this case may now pave the way for pre-nuptial agreements to finally become legally binding in the UK.”

To find out how Philip or members of the Higgs & Sons family team can help you call 01384 364148.

Higgs & Sons operates from three locations; Brierley Hill, Stourbridge and Kingswinford.

Further information: Hazel Crawford-Upton, Connect PR, 01902 714957,

No comments:

Post a Comment