And so the seven month wait is over and judgement has finally been delivered. A majority of 8 out of 9 members of the Supreme Court dismissed Mr Granatino’s appeal against the decision of the Court of Appeal, which he said attached too much weight to the Pre-nuptial agreement between him and his former wife Ms Radmacher.
The result of this outcome is that Pre-nuptial agreements will have significant importance in determing the outcome of a financial application to the Court within divorce proceedings. What the judgement does not and cannot do, of course, is make Pre-nuptial agreements legally binding but it does take us much further towards this position in the future.
The case of Radmacher has established the principle that “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” and this principle applies to all ‘nuptial’ agreements whether ‘pre’ or ‘post’.
Whilst a Pre-nuptial agreement is still not a watertight guarantee, it is certainly going to be worth having one!
All 195 paragraphs of the judgement can be found on the link below…