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03/07/2009
Heiress wins in pre-nuptial divorce case |
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The Court of Appeal has ruled that a German heiress should not have to pay her ex-husband the £5.8 million decided in their divorce settlement because of the pre-nuptial agreement that had been signed beforehand.
Katrin Radmacher, who is thought to be worth £100 million, was originally told that she would have to give Nicolas Granatino the money despite him signing a document stating that he would not make a claim should the couple separate.
This ruling has now been overturned in a move that could have a major impact on the divorce lawyer sector.
Pre-nuptial agreements are not enforceable in the English legal system, although they are in Mr Granatino's home country of France and Germany, where the contract was signed.
The decision to recognise them in this case could pave the way for them to be enshrined into law in England, with appeal judge Lord Justice Thorpe saying the idea of disregarding them is becoming "increasingly unrealistic".
Analysis of the case by the Daily Mail said the precedent-setting decision has effectively made pre-nups legal, without the need to pass new laws.
Written by Laurence Smith |
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