Pre-nuptual agreement up held by British Courts

#1
It looks like the appeal court has held up a pre-nuptual agreement although they are non-legally binding in this country

Is this possibly a test case and the end for gold-diggers as we know it?

A court ruling over a divorced couple's pre-nuptial agreement could pave the way for such contracts to become legally binding in England and Wales.

Katrin Radmacher, a German heiress, has overturned an earlier court decision to award her ex-husband £5.8m of her £100m fortune despite their agreement.

Frenchman Nicolas Granatino had agreed not to make a claim if they divorced.

Such contracts are enforceable in Germany, where the couple's was signed, but not in England where they married.
, this case has been about what I regard as a broken promise

They are also enforceable in Mr Granatino's home country.

Miss Radmacher, one of Germany's richest women, won a ruling from the Court of Appeal that such contracts should be taken into account by the courts when they divide assets after a marriage fails.
Linky

Rich, amd although German, pretty foxy too.

 
#2
Fat_Cav said:
such contracts should be taken into account by the courts when they divide assets after a marriage fails.
That is no change from the current situation. Taken into account - yes. Legally binding - no.

What is more, changes in circumstances can blow them out of the water. EG, not taking kids into account when making the initial agreement (i.e. before the kids are born). If you make the agreement, then have two kids, then separate, how can the initial agreement possibly stand if it does not make provision for children?

A court is required to have the welfare of the children as its "first consideration"

Furthermore, how many of us "normal" peolple (ie not mega rich businessmen or celebrities) would ever actually try to agree a prenuptual contract?

IMO this case makes no difference at all, either

(a) in the rarified world of the super rich, or
(b) to us Arrsers in general.




(PS - I would!)
 
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