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

Breck Homes appoints new head of land for north west Andrew Laing Breck

Breck Homes appoints new head of land for north west

21 Aug 2026

2

Northern Trust secures 10 new strategic land promotion agreements nationwide Promotional Agreements Image

Northern Trust secures 10 new strategic land promotion agreements nationwide

21 Aug 2026

3

Booths receives prestigious Princess Royal Training Award Jack Hewitt Fish Academy Graduate

Booths receives prestigious Princess Royal Training Award

20 Aug 2026

4

North West Mutual bank in Preston opening a step closer Generic Image A Fishergate High Streetpreston

North West Mutual bank in Preston opening a step closer

20 Aug 2026

5

The north needs more than words Image 4

The north needs more than words

20 Aug 2026

Blackburn College (July-Aug 26)
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
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text 6 17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

U35 Networking
Lancaster And Morecambe Logo 1 25 Aug 2026

U35 Networking

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 19:00

Preston Freelancer Meet-Up: August
LBV Website Events GraphicFreelancer Meet Up 27 Aug 2026

Preston Freelancer Meet-Up: August

Society1, Preston, PR1 3LT

10:00 - 12:00

Build Your Business To Sell It - Even If You Aren't Planning To Sell - FREE Workshop
LBV Website Events GraphicAction Coach 2 27 Aug 2026

Build Your Business To Sell It - Even If You Aren't Planning To Sell - FREE Workshop

The Wellsprings, Bolton, BL1 1SB

09:00 - 11:30

Chamber Breakfast Networking – September
Lancaster And Morecambe Logo 1 03 Sep 2026

Chamber Breakfast Networking – September

Soul Bowl, Morecambe, LA4 4BU

08:00 - 10:00

Mediation in the workplace: a practical guide to resolving conflict
LBV Website Events GraphicMediation In The Workplace 08 Sep 2026

Mediation in the workplace: a practical guide to resolving conflict

Online, Preston, PR1 3JG

12:00 - 12:45

Preston Tech Connection Hot Takes
LBV Website Events GraphicHot Takes In Tech 09 Sep 2026

Preston Tech Connection Hot Takes

Society1, Preston, PR1 3LT

18:00 - 19:30

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 LBV129 Online Graphic
Subscribe now

Weekly news bulletin