PRE-NUPS NOW PRESUMED TO BE BINDING
The Supreme Court handed down judgment in the case of Radmacher v Granatino on 20th October 2010.
The French husband and German wife had signed a German pre-nup. They then lived in and were divorced in London. They had signed the pre-nup. before their marriage which provided that neither of them would have any claim against the other’s property in the event of a divorce.
The law in England and Wales has now been clarified and the following are now clear:
· The courts are not obliged to give effect to a pre-nup.
· The parties cannot agree to prevent the courts from deciding what would be a fair division of the matrimonial assets and
· The court must give appropriate weight to a pre-nup. when deciding what would be fair.
In effect pre-nups. will be presumed to be binding and given full-effect in divorce unless one party can argue that they did not enter into it freely or fully understand its implications or it would be unfair to hold the parties to it.