Radmacher v Granatino: Making Prenups Enforceable ================================================= Vardags successfully represented Katrin Radmacher in the landmark case of *Radmacher v Granatino,* which established that nuptial agreements may now have binding effect in the courts of England and Wales. How radmacher v granatino changed the law on prenups ---------------------------------------------------- *Radmacher v Granatino* transformed the way English courts, and indeed the public, regard [prenuptial agreements](https://vardags.com/law-guide/nuptial-agreements). Prenups have always divided opinion but, whether you see them as sensible or cynical, it cannot be denied that they give couples greater control over their marriage. And now, thanks to [Ayesha Vardag's](https://vardags.com/solicitors/london/ayesha-vardag) tenacity, couples who do take this opportunity can trust that their prenup is worth the paper it's written on. In 2010, Vardags represented Katrin Radmacher in a case that culminated in a landmark ruling at the Supreme Court. Centuries of legal history were overturned when the court gave fairly-contracted prenuptial agreements decisive weight in English divorce law. The judgment provided the key principle that: **"*the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement."*** Previously in England and Wales, nuptial agreements were seen as contrary to public policy because historically, women would not have been able to sit at the bargaining table on equal terms. There were also fears that prenuptial agreements would encourage divorce. But, as Ms Radmacher [stated herself](https://www.bbc.co.uk/news/uk-11580907), prenuptial agreements are considered a binding document in Europe: "For Nicolas and I, in our homelands - [France](https://vardags.com/law-guide/divorce-laws-europe/france) and [Germany](https://vardags.com/law-guide/divorce-laws-europe/difference-england-germany)- these agreements are entirely normal and routine". **If you are considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") The background of the case -------------------------- The case concerned a German wife, heir to a large fortune from a paper industry, and her French husband, a banker. The parties married in London 1998, having signed a prenuptial agreement before a notary in Germany three months previously. This agreed that neither party would benefit from the property of the other on divorce. The decision to get a prenup was instigated by Ms Radmacher after her father insisted that her inheritance be formally protected. Ms Radmacher was adamant that this prenup was proof that the pair were marrying for love, not money. The pair separated in October 2006 after eight years of marriage. In 2003, Mr Granatino had left his job at JP Morgan & Co where he was earning £120,000 per annum to pursue an academic career in biotechnology at Oxford University with a salary of £30,000. During the divorce proceedings in June 2008, Mr Granatino applied for financial relief at the High Court. He was awarded a total of £5,560,000 to cover annual income for life, a house in London and Germany so that he could see his children and periodical payments for each child. The judge, Mrs Justice Baron, did take the prenup into account but, since Mr Granatino did not have legal advice when he agreed to it and the couple had since had children, she determined that its importance had diminished. Ms Radmacher successfully appealed this decision, stating that the prenup should have been given decisive weight and therefore that his fathering requests could be acknowledged but his long-term needs could not be funded by her family inheritance. The supreme court's decision ---------------------------- Mr Granatino appealed this decision at the Supreme Court and was dismissed. Ultimately, the court held that the prenuptial agreement was legally enforceable and Mr Granatino had no right to renege on his promise, as set out in the document. The Supreme Court ruled that both pre and post-nuptial agreements have 'magnetic importance' and spouses should be held to them unless it can be demonstrated that they are unfair in either how they were created of the effect that they would have. The understanding between Ms Radmacher and Mr Granatino when they married was respected and Ms Radmacher's inheritance therefore protected. "A thoroughly modern judgment", the ruling brought English matrimonial law in line with the rest of the world. In a statement after the court victory, Ayesha Vardag championed prenuptial agreements as safeguards of personal autonomy, "from today, grown-ups can agree in the best of times what will happen in the worst of times". Bolstered by this landmark ruling, couples who want to prepare for the future with a prenup can be confident that the court will let them keep their promise. Learn more about nuptial agreements by reading our guide [here](https://vardags.com/law-guide/nuptial-agreements). Reported judgments ------------------ - [Radmacher (formerly Granatino) v Granatino (Rev 4) \[2010\] UKSC 42](http://www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKSC/2010/42.html&;query=(radmacher)_blank) - [Radmacher v Granatino \[2009\] EWCA Civ 649 \[2009\] 2 FLR 1181](http://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2009/649.html&query=(radmacher)) - [Radmacher v Granatino \[2008\] EWCA Civ 1304 \[2009\] 1 FLR 1566](http://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2008/1304.html&query=(radmacher)) Vardags in the press for Radmacher v Granatino: ----------------------------------------------- [Ayesha Vardag's statement after winning in the Court of Appeal (Youtube)](https://www.youtube.com/watch?v=N6NULW8WWCc) Articles in the press --------------------- [Pre-nuptial victory for heiress (BBC)](http://news.bbc.co.uk/1/hi/uk/8130176.stm) [German heiress claims English court victory over pre-nuptial agreement (Telegraph)](https://www.telegraph.co.uk/news/uknews/5720665/German-heiress-claims-English-court-victory-over-pre-nuptial-agreement.html) [German heiress wins prenup ruling (Guardian)](http://www.guardian.co.uk/uk/2009/jul/02/prenuptial-agreement-divorce-ruling) [Landmark ruling makes pre-nuptial agreements 'legal' as heiress wins battle to cut husband's payout from £5.85m to £1m (Daily Mail)](https://www.dailymail.co.uk/news/article-1197008/Landmark-court-victory-cements-pre-nups-English-law-100million-heiress-wins-court-battle-ex-husband.html) About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) OUR FOREIGN DESKS ----------------- Our foreign desks are comprised of top multi-lingual lawyers, with a network of international contacts. 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Hears with the most valuable and complex family law cases. ### Post-nuptial agreements An agreement that spouses enter into after a marriage, which details terms for how their marital assets will be split in the event of a divorce. ### Pre-nuptial agreements An agreement that spouses enter into prior to getting married, which details terms for how their marital assets will be split in the event of a divorce. ### Supreme Court The highest court in the United Kingdom. The court hears cases on appeal from the Court of Appeal, and generally only hears cases which have important ramifications for the rest of the law. The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you. What our clients say -------------------- Getting any kind of family problem is really when you are at your most vulnerable variables and their whole team were incredibly supportive, kind, attentive and caring throughout the entire experience. The whole team were... incredibly supportive, kind, attentive, and caring throughout the entire experience. Geeta Sidhu-Robb I would like to say working with the staff at Vardags was a great support to me at a difficult time of my life but with their support and sensitivity I was able to get through the experience with less stress and ease. If anyone... is looking for a good legal team I would recommend Vardags. They may cost a bit more but will give you good service. 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