Pre-Nuptials

The recent Court of Appeal case of Radmacher v Granatino has indicated that the Court is leaning towards acknowledging the importance of pre-nuptial agreements. In that case the wife succeeded on appeal in reducing the financial award made in favour of the husband at first instance. The new award was granted to the husband as father of the children rather than to him in his own right.

In coming to this decision the UK Court is veering towards the practise of the European Courts which already acknowledge the validity of "pre-nups".

However, for pre-nuptial agreements to bind the UK courts legislation is likely to be implemented. In the meantime it must increasingly look good practice for wealthy clients proposing marriage to take advice beforehand and consider entering into a pre-nuptial arrangement.