The Court of Appeal has reduced a £5.8m divorce pay-out by a German heiress to her former husband to a lump sum about a fifth of the original award, in a decision anticipating full enforceability of pre-nuptial agreements.

The Court of Appeal has reduced a £5.8m divorce pay-out by a German heiress to her former husband to a lump sum about a fifth of the original award, in a decision anticipating full enforceability of pre-nuptial agreements.

Karin Radmacher, from Germany, and Nicolas Granatino, a French national, entered signed a pre-nup in Germany in 1998 a few months before marrying in England. The contract provided that in case of divorce Granatino would not make claims to Radmacher’s assets accumulated before the marriage.

Lord Justice Thorpe, giving the opening speech in Radmacher v Granatino [2009] EWCA Civ 649, said while it would be for Parliament to change the law, the courts should use their discretion to give effect to pre-n...

Jean Yves

IICJ

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