Family Law
Text Update
The Family Law Questions and Answers Text went to press before the Supreme Court delivered their decision in Radmacher v Grantino. This is likely to be an important decision, which has already attracted comment. The note below gives you a very brief summary of the case, although you are obviously advised to read the judgement itself.
Radmacher v Grantino [2010] UKSC 42
The Supreme Court has upheld the decision of the Court of Appeal that a pre-nuptial agreement between a very wealthy German wife and her French husband was binding by a majority of 8:1.
The Court identified three considerations to be applied when determining whether an agreement should be followed:
- Whether there were any circumstances which detracted from the argument that the agreement should be applied.
- Whether there were any circumstances which enhanced the argument that the agreement should be applied.
- Whether it would be fair and just to apply the agreement.
