header-logo header-logo

15 June 2012 / Anna Heenan
Issue: 7518 / Categories: Features , Divorce , Family
printer mail-detail

The after-shock

Pre-nuptial agreements: where are we now, asks Anna Heenan

We are now almost two years on from the case of Radmacher v Granatino [2010] UKSC 42, [2011] 1 All ER 373, in which the Supreme Court swept away the old rule that pre-nuptial agreements were contrary to public policy. The result has been an increase in pre-nuptial agreements by those attempting to combat the uncertainties of divorce. Courts have a wide discretion to redistribute property on divorce, which they exercise according to the principles set out in s 25 of the Matrimonial Causes Act 1973 (MCA 1973) and the concept of “fairness”. It is, however, widely accepted that the elasticity of “fairness” does little to create certainty. Recent case law on pre-nuptial agreements explores the circumstances in which they will be upheld and provides some guidance to those seeking a more certain outcome.

The Radmacher decision

This decision has been the subject of widespread comment and further analysis is perhaps unhelpful (and somewhat late). It is, however, useful to review the factors that

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
back-to-top-scroll