Divorce and pre-nups

By LBV

01 Nov 2010

An important legal ruling has given new weight to pre-nuptial agreements.

Many European countries and the USA do recognise and enforce such agreements whereas in the UK they have not been binding on the court and have just been one of the factors the court takes into account when deciding what order to make on the breakdown of a marriage.

Now the UK’s Supreme Court has given made it clear that in many cases pre-nuptial agreements will be upheld by the court provided they have been freely entered into.

The Supreme Court case arose following the divorce of Katrin Radmacher and Nicolas Granatino. Mr Granatino had agreed not to make a claim on his wife’s fortune if they divorced, but was awarded £5.85 million by a High Court judge in 2008.

Ms Radmacher challenged the decision, and the Court of Appeal significantly reduced the payment due to Mr Granatino, placing far greater emphasis on the terms of the pre-nuptial agreement. The Supreme Court agreed that the pre-nuptial agreement should be binding in this case.

The decision paves the way for more weight to be given to pre-nuptial agreements in future.

Pre-nuptial agreements are not exactly romantic, but more couples, particularly those who have been married before and those with significant assets, are turning to them to ensure fairness in the event of the breakdown of a marriage.

While couples should be aware of the benefits of a pre-nuptial agreement, it remains the case that they will be carefully scrutinised by the courts and will not automatically be binding.

There are still a significant number of situations where the agreements would not be binding, even following this new decision. For example, if the couple has children, the needs of those children will be prioritised.

Couples considering a pre-nuptial agreement should seek legal advice at an early stage. It is crucial to seek specialist advice about the likely benefits of such an agreement in each case and to ensure that the potential pitfalls in drafting the agreement are avoided.

Simon Gledhill
Head of Family
Napthens solicitors
 

Enjoyed this? Read more from LBV

Latest news

1

Motorpoint celebrates milestone for Burnley store Motorpoint Burnley celebrates 25 years

Motorpoint celebrates milestone for Burnley store

25 Nov 2025

2

Spotlights shine bright on Blackpool transformation at magazine launch Lancashire Business View Magazine launch 125

Spotlights shine bright on Blackpool transformation at magazine launch

25 Nov 2025

3

Urgent appeal to businesses from Blackpool’s Big Food Project Claire Powell

Urgent appeal to businesses from Blackpool’s Big Food Project

24 Nov 2025

4

Trident Utilities expands sales team as it plans for growth Shay Duffy, Nigel Addison-Evans, Luka Ord-Johnson and Millie Hugo

Trident Utilities expands sales team as it plans for growth

24 Nov 2025

5

UVS expands team after 63 per cent increase in sales of Lucidity Controller Technology Matthew Orton UVS

UVS expands team after 63 per cent increase in sales of Lucidity Controller Technology

24 Nov 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Preston Freelancer Meet-Up: November
NovFreelancer version 2 .png.png
LBV Hub Networking
26 Nov 2025 - 26 Nov 2025

Preston Freelancer Meet-Up: November

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Lancashire Construction Connections
LLC Logo Main.jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Nov 2025

Lancashire Construction Connections

Blues Bar, Ewood Park, Blackburn, BB2 4JF

14:00 - 16:00

Lancashire Business Day 2025
241122lbvlancashiredaylhp0647web
Networking
27 Nov 2025

Lancashire Business Day 2025

Burnley FC , Burnley, BB10 4BX

12:00 - 17:00

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

The PM+M Autumn Budget seminar - East Lancashire
Autumn Budget event East Lancashire
LBV Hub Seminars
27 Nov 2025 - 27 Nov 2025

The PM+M Autumn Budget seminar - East Lancashire

Crow Wood Hotel, Burnley, BB12 0RT

08:00 - 10:30

Blackburn Budget Breakfast Seminar
1.jpg.jpg
LBV Hub Seminars
28 Nov 2025 - 28 Nov 2025

Blackburn Budget Breakfast Seminar

Premier Suite, Blackburn Rovers, Ewood Park, Blackburn, BB2 4JF

07:30 - 10:30

Navigating making tax digital for Income Tax
mtd event LinkedIn.jpg.jpg
LBV Hub Seminars
03 Dec 2025 - 03 Dec 2025

Navigating making tax digital for Income Tax

Junction 4 Skatepark , Darwen, BB3 0AJ

08:00 - 10:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin