News article published on: 13th August 2019
The Supreme Court has handed down its judgment in the case of Radmacher v Granatino, considering the extent to which pre nuptial agreements should be binding in the UK.
The leading judgment states:-
“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.”
Pre Nuptial agreements have historically held little sway over the Courts in the UK, although this position has been changing recently. This most recent judgment suggests that the UK has now fallen into line with most European countries in giving significant weight to such agreements.