Brabners Chaffe Street Solicitors - Family Services

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Pre- nuptial agreements now enforceable
25/10/2010

Helen Marriott, Partner and Head of Family law at Brabners Chaffe Street comments:

The law in relation to the enforceability of pre-nuptial agreements in this country has taken a significant step forward as a result of a recent court case.

In the long awaited case of Radmacher v Granatino, the Supreme Court has effectively held the parties to the terms of their pre-nuptial agreement. The wealthy German wife and her French husband had entered into a pre-nuptial agreement in Germany in which neither party was to acquire any benefit from the property of the other if the marriage ended.

As a result whilst pre-nuptial agreements are still not automatically binding in this country, a Court will now enforce a pre-nuptial agreement as long as both parties entered into it without any form of undue pressure and with full knowledge of the financial circumstances of both parties.

This now means the wealthier party in a relationship has a greater measure of certainty in terms of what he/she may expect to pay out in the event of divorce and should lead to less acrimonious court cases in the event that the marriage does not work out.

It is therefore important that anyone considering a pre-nuptial agreement to protect their wealth seeks specialist legal advice as far in advance of the marriage as possible in order to ensure the agreement is properly handled from the outset.


For further information contact Helen Marriott at Brabners Chaffe Street on 0151 600 3050

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