Prenuptial Agreement Solicitors, London

Hanover advise couples who are getting married soon and wish to have an agreement drafted setting out what would happen financially should the marriage break down.

Radmacher v Granatino

In July 2009 the wife successfully argued that the prenuptial agreement she had entered into with her husband protected her wealth from the former husband. An appeal was made by the husband and at the Supreme Court and by a majority of 8 to 1, the appeal was dismissed.

English Law's perception of the pre nuptial agreements has changed following this case as pre nuptial agreements are more likely to be enforceable. The law should apply to both marriage and civil partnerships.

The Law previously and the Law now

Before October 2010 pre nuptial agreements were seen as persuasive as to the parties' intentions should the relationship break down and were taken into consideration in divorce proceedings but no further.

Now the Court should give effect to a pre nuptial agreement that is freely entered into by each spouse will a full appreciation of it implications unless in the circumstances prevailing it would not be fair to hold the spouses to their agreement.

What does this mean now?

The pre nuptial agreement was signed without the husband knowing the full picture of the wife's finances and without independent legal advice being sought. However, the main factor in the case was that the husband had knowledge that he was signing a document which stated that the husband would not receive financial support from the wife if a divorce were to happen. For this reason the pre nuptial agreement was given decisive weight.

The Judgement given by the court has now upheld the right of consenting adults to agree financial issues upon divorce.

To give the pre nuptial agreement more enforceability a post nuptial agreement should also be considered and be updated regularly.