Legal Case Summary
Radmacher v Granatino [2010] UKSC 42
Weight of a pre-nuptial agreement in deciding financial provision on divorce
Facts
A French investment banker married a very wealthy German national. Prior to the marriage, at the request of the wife’s family, an pre-nuptial agreement was signed by both parties. The agreement provided that each party would forgo any interest or benefit from the other’s property acquired either before or during the marriage. They had two children but divorced after nine years and the husband claimed ancillary relief against the wife’s assets.
Issues
What weight should the court give to the agreement when deciding financial provision on divorce? The husband argued that it should not be given decisive weight because he had not obtained independent advice and the parties’ wealth was unequal. The wife relied on his decision to enter the agreement freely.
Law Teacher writing support
Writing a law essay?
We choose a writer who is an expert in your area of law and qualified to at least the academic level you select. Most of our writers hold a master’s degree or PhD, have teaching experience, or both.
Send us your question and, if you wish, any marking criteria. We’ll write an essay to your instructions.
Decision / Outcome
The Supreme Court dismissed the husband’s appeal by a majority. A court should give effect to a nuptial agreement entered into freely by both parties with a full appreciation of its implications, unless it would be unfair to hold them to it in the circumstances at the time. Independent advice and disclosure can help show that the parties understood the agreement. Their absence does not by itself decide the weight it should carry.
The agreement could not displace the court’s statutory duty to decide what provision was fair. The majority held that it was fair to give effect to this agreement, subject to provision for the children’s needs. Lady Hale dissented.
