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

Plant Hire company to expand with funding from HSBC Buckhurst Plant Hire

Plant Hire company to expand with funding from HSBC

27 Feb 2026

2

Zuber Issa makes a French connection EG On The Move

Zuber Issa makes a French connection

26 Feb 2026

3

Northern Trust submits plans for a commercial development in Morecambe Northern Trust submit proposed plans for Morecambe

Northern Trust submits plans for a commercial development in Morecambe

25 Feb 2026

4

Aviktas comes to life as new ride spins for the first time at Pleasure Beach Resort Aviktas ride

Aviktas comes to life as new ride spins for the first time at Pleasure Beach Resort

24 Feb 2026

5

AFD Systems accelerates digital transformation with Made Smarter funding AFD Systems

AFD Systems accelerates digital transformation with Made Smarter funding

24 Feb 2026

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
LBV127 March/April Magazine Networking Event
Jan/Feb Networking Event - Closer up
Networking
19 Mar 2026

LBV127 March/April Magazine Networking Event

Salmesbury Hall, Preston New Road, Lancashire, PR5 0UP

08:30 - 10:30

AI & Cybersecurity Summit
AI and Cybersecurity Logo
Summit
28 Apr 2026

AI & Cybersecurity Summit

Dunkenhalgh House , Blackburn Road, Clayton Le Moors, BB5 5JP

08:30 - 11:00

LBV128 May/June Magazine Networking Event
Jan/Feb networking event - hands up image
Networking
14 May 2026

LBV128 May/June Magazine Networking Event

Lancashire

08:30 - 10:30

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Lancashire

08:30 - 10:30

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

Lancashire

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

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

Spring Forecast 2026 LIVE: Insights with PM+M
Spring Forecas.jpg.jpg
LBV Hub Seminars
03 Mar 2026 - 03 Mar 2026

Spring Forecast 2026 LIVE: Insights with PM+M

Blackburn Rovers Football Club (Red Rose Suite), Ewood Park, Blackburn , BB2 4JF

12:00 - 15:00

Chamber Breakfast Networking – March
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Chamber Breakfast Networking – March

The Storey, Lancaster, LA1 1TH

08:00 - 10:00

Lancashire Lifesavers
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Lancashire Lifesavers

The Story, Lancaster, LA1 1TH

10:15 - 11:15

Your marketing measurement is useless
Event header.png.png
LBV Hub Seminars
04 Mar 2026 - 04 Mar 2026

Your marketing measurement is useless

Brockholes Nature Reserve, Preston, PR5 0AG

09:00 - 12:00

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2026 - 27 Dec 2025

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions

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

08:00 - 10:00

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