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09 July 2009
Issue: 7377 / Categories: Legal News , Divorce , Family
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Radmacher offers hope on pre-nups

German heiress divorce may have “decisive” impact on UK family law

Pre-nuptial agreements could enter the “mainstream” of UK family law following the Court of Appeal’s finding in Radmacher, say family lawyers.
In Radmacher v Granatino [2009] EWCA Civ 649, the court ruled that a pre-nup could be “decisive” in the divorce of wealthy German heiress, Katrin Radmacher, who is said to be worth £100m, and her French husband, Nicolas Gramatino.

The husband’s initial divorce award of £5.4m was reduced to a one-off lump sum of £1m plus a loan for the cost of a home, which must be repaid when the youngest child reaches 22.

Sarah Anticoni, a partner in the family team at Charles Russell, says: “Until now pre-marital agreements have not been legally binding in England. However, the future of these agreements is not set in stone and, in the short term at least, their impact will lie with other judges who are asked to decide similar cases. 

“This decision should be the catalyst for Parliament and the Law Commission to take up the baton. The profession have been clamouring for reform for years but no statutory change has been forthcoming as it is not seen as a vote winner. 

“This decision is particularly important for non-English couples who have entered into pre-marital agreements overseas before they marry. It demonstrates that the English court is going to be far less willing to interfere with such agreements in the future.”

Zoe Bagg, senior associate, McGuireWoods, says: “Many of our clients come from civil law jurisdictions where pre-nuptials (or other protection of assets under the civil code) are commonplace.

“This is a progressive move towards the harmonisation of laws in Europe in this area and will hopefully give encouragement to those working towards the harmonisation of European succession laws.”

Christina Blacklaws, senior partner of London family law firm Blacklaws Davis, says: “We are still a little way off knowing whether the ruling will be upheld. Mr Granatino is said to be considering appealing to the House of Lords. However, this is a very significant movement in favour of pre-nuptial agreements and one which will be welcomed by many middle-income families, for whom it has enormous potential significance.”

 

Issue: 7377 / Categories: Legal News , Divorce , Family
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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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