When did Prenups become Enforceable in the UK?
Lisa Pepper![wedding dress](https://law.wpstaging.uk/wp-content/uploads/2010/06/wedding-dress.jpg)
Table of Contents
On 20th October 2010, the highest court in the land had the final say in one of the most eagerly awaited judgements of modern times, finally giving judicial weight to the contractual agreements between potential spouses.
Ironically the judgement is being delivered at exactly the same time as the government delivers its own judgement on the state of the nation’s finances, presumably whittling away much of the wealth that prenuptial agreements are set to protect.
Katrina Radmacher, a German Heiress married Nicolas Grantino a successful financier in 1998. Three months before the wedding, Katrina asked Nicolas to sign a German prenuptial agreement, which prevented either from making a claim against the other. Nicolas did not take independent legal advice and did not see a translated version of the agreement…neither did he have any formal information about Katrina’s wealth at the time.
When Nicolas went to court for the first time in 2008, the Judge (Florence Baron QC) gave some weight to the agreement and awarded Nicolas £5.5 million, about 10% of Katrina’s wealth. This was low for a 9-year marriage where Nicolas was fully involved with the children (and had given up a well-paid job to become a student) but high compared to the Prenuptial agreement. The problems with the agreement itself were manifest and outlined earlier in this article and that is why the judge did not bind Nicolas to the letter of the agreement.
In 2009 Katrina went to the Court of Appeal arguing that the original judge did not give enough weight to the Pre-Nuptial Agreement. The Court of Appeal agreed and reduced the award to £1 million as a capitalised needs payment to allow Nicolas to care for the children.
In many ways both the original High Court judgement and the later Court of Appeal judgement were right. This was an imperfect agreement, but an agreement nonetheless. So what has the Supreme Court done?
The leading judgment states:-
“The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.”
Pre Nuptial Agreements have historically held little sway over the Courts in the UK, although this position has been changing recently. This most recent judgment suggests that the UK has now fallen into line with most European countries in giving significant weight to such agreements.
The Supreme Court dismissed the difficulties with the original agreement and declared that it would be “Patronising” and “Paternalistic” for the Courts to impose a different settlement on adults who had made their own “Nuptial” agreements.
In a fascinating epitaph to the case, Lady Brenda Hale dissented from the majority of the other judges declaring that in her view both the original trial judge and the Court of Appeal had made the wrong decision and that “ marriage still counts for something in the law of this country and long may it continue to do so”. Lady Hale was the only woman in the panel of 9 judges and the only Family Lawyer and it is telling that the Supreme Court reached their majority view without her.
Our specialist pre-nuptial agreement lawyers at Osbornes Law specialise in family law and can advise on and draft your pre-nuptial agreement. Our lawyers also help already-married couples who are seeking a post-nuptial agreement.
To speak with our lawyers call us or fill in an online form and we will contact you.
Share this article
Contact
Contact us today
For a free initial conversation call 020 7485 8811
Email us Send us an email and we’ll get back to you
More from LisaVIEW ALL
- 7.12.2022
Judge ignores pre-nuptial agreement but factors in non-matrimonial...
Case Law One of the reasons I am still passionate about family law, after 20 years in the field, is that...
Read more - 24.10.2022
Thirty lawyers at Osbornes noted by Legal 500 2023
Osbornes Law has once again been ranked in The Legal 500 2023. The Legal 500 is an independent legal guide which ranks leading...
Read more - 30.8.2022
Pension sharing on divorce
What is the new procedure for pension sharing? Pensions are one of the biggest assets of a marriage, yet many...
Read more - 30.8.2022
What is a transfer of equity?
Transfer of equity in divorce Transfer of equity refers to the process of transferring part or all of a property...
Read more - 30.8.2022
Do You Have To Go To Court For...
If your divorce is uncontested and there are no disputes over issues such as what happens to the marital home...
Read more - 6.5.2022
My ex has cut me off during divorce
Can my spouse cut me off financially? Unfortunately, it is far too common that when a client says it’s...
Read more - 6.5.2022
Divorce Loans
How the Court views loans from parents during divorce A frequent issue in financial divorce cases is a loan from...
Read more - 12.4.2022
Mediation or Arbitration: What’s best for me?
Few divorcing couples want to end up in court, which is why mediation and arbitration are faster and more effective...
Read more - 11.4.2022
Private Financial Dispute Resolution (FDR) for Divorce
Private FDR helps divorcing couples reach a financial settlement Our specialist divorce lawyers are keen to ensure our divorcing clients...
Read more - 18.1.2022
6 cases that shape a private children dispute
Family disputes involving children can be particularly emotive, which is why our expert children lawyers work tirelessly to understand how...
Read more - 9.12.2021
Are irreconcilable differences grounds for divorce?
If you have come across this article it may have been as a result of an online search to see...
Read more - 9.12.2021
Negotiating financial settlements in divorce
Costly and acrimonious divorces: a lesson in what not to do If you’re determined to pursue your financial claims...
Read more - 9.11.2021
Keeping social media out of divorce proceedings
We’ve recently seen the playing out on Twitter and Instagram of the high-profile separation of actor Ioan Gruffudd and...
Read more - 9.11.2021
How to speed up a divorce
6 steps to speed up the divorce process For many people, once they have made the decision that their marriage is...
Read more - 9.11.2021
Case Law Divorce Settlement
6 cases that shape your divorce settlement Part of what makes our divorce lawyers experts in their field is knowing what...
Read more - 22.8.2021
Leading Divorce Lawyers Recommended in Tatler
The family department is delighted to announce that two of our partners now appear in the ‘Tatler Advisory’ list of...
Read more - 10.8.2021
Child Maintenance: When is capital, income?
Reading a recent case from the Child Maintenance Tribunal, I considered it worth flagging up that the Child Maintenance Rules...
Read more - 27.4.2021
Divorce in your 60s – The Financial Implications
How common is a divorce in your 60s? The latest divorce figures from the Office of National Statistics (ONS) show...
Read more - 11.3.2021
Financial responsibilities of father on divorce
What are the financial responsibilities of a father on divorce? The period drama Bridgerton, the runaway success of the winter,...
Read more - 5.3.2021
Can you contest a prenuptial agreement?
Kanye West and Kim Kardashian are getting a divorce after nearly seven years of marriage. According to reports, Kim filed...
Read more - 5.10.2020
Lockdown rush to cohabitation leaves couples lacking financial...
When the lockdown was announced many couples had to make a rushed decision to move in together or face months...
Read more - 6.4.2020
Setting aside a financial remedy order
What has been the impact of the coronavirus pandemic on financial remedy orders? Can you do it at all? Barder...
Read more - 17.1.2020
Collaborative Divorce
What is a collaborative divorce? A collaborative divorce is where you and your spouse agree to resolve all matters arising...
Read more - 4.9.2019
Calderbank Offers
The Resurrection of Calderbank Offers When a couple divorces, they are encouraged by the Courts to consider other dispute resolution...
Read more