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

Morecambe Business Improvement District given fresh five-year mandate David Waddington Chair L John Oneill Bid Manager R 1024x768

Morecambe Business Improvement District given fresh five-year mandate

14 Aug 2026

2

fulfilmentcrowd appoints Neil Midgley as director of operations Neil Midgley Director Of Operations

fulfilmentcrowd appoints Neil Midgley as director of operations

14 Aug 2026

3

Inheritance tax changes prompt planning review Stuart Maher

Inheritance tax changes prompt planning review

14 Aug 2026

4

Finding the right channel for growth Phil2026

Finding the right channel for growth

13 Aug 2026

5

Preston College secures £3.6m for major construction centre revamp Preston College

Preston College secures £3.6m for major construction centre revamp

13 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 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

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

Finding, Getting and Keeping The Right People - FREE Workshop
Gemini_Generated_Image_iotoi2iotoi2ioto.png.png 20 Aug 2026 - 20 Aug 2026

Finding, Getting and Keeping The Right People - FREE Workshop

The Wellsprings, Bolton, BL1 1SB

09:00 - 11:30

U35 Networking
Logo.jpg.jpg 25 Aug 2026 - 25 Aug 2026

U35 Networking

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 19:00

Preston Freelancer Meet-Up: August
Freelancer Meet-Up Square August.png.png 27 Aug 2026 - 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
Gemini_Generated_Image_ysrasxysrasxysra.png.png 27 Aug 2026 - 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

Mind Over Mountain: Brunch at Ivory Tower
mind-over-mountain-complete.jpg.jpg 11 Sep 2026

Mind Over Mountain: Brunch at Ivory Tower

Ivory Tower, Preston, PR1 2NL

12:30 - 16:30

90 Day Business Planning Workshop
GCJune 26 600 x 280.jpg.jpg 25 Sep 2026 - 25 Sep 2026

90 Day Business Planning Workshop

The Holiday Inn, Bolton, BL1 2EW

09:00 - 16:30

90 Day Business Planning Workshop
GCJune 26 600 x 280.jpg.jpg 25 Sep 2026 - 25 Sep 2026

90 Day Business Planning Workshop

The Holiday Inn, Bolton, BL1 2EW

09:00 - 16:30

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