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NewsCourt ruling 'could pave way for changes to pre-nups'
Court ruling 'could pave way for changes to pre-nups'
A ruling made recently in the court of appeal could pave the way for pre-nuptial agreements to become legally binding.
Three senior judges decided that German heiress Katrin Radmacher should not have to issue a payout of £5.8 million to her former husband as agreed in a previous hearing.
Initially, it had been ruled that her former husband, Nicolas Granatino, should get the sum despite the pre-nup, which was made in Germany - where such documents are legally binding.
It stated that he agreed not to make a claim if they got divorced.
Commenting on the issue, Lord Justice Thorpe said it is "increasingly unrealistic" for courts to disregard pre-nups.
He added: "It does not sufficiently recognise the rights of autonomous adults to govern their future financial relationship by agreement in an age when marriage is not generally regarded as a sacrament and divorce is a statistical commonplace."
The judges ruled that Mr Granatino should receive around £1 million as a lump sum in lieu of maintenance.
Hearing all leading cases in civil and family justice, the appeal court is described as the "engine room" of the judicial system in England and Wales.
06/07/2009 15:44
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