Should pre-nups have official status in English law?

Should England follow Europe and USA by incorporating pre-nuptial agreements in to marital legislation?

In a momentous victory for English law, paper industry heiress Katrin Radmacher won her £100 million divorce battle that effectively gives pre-nuptial agreements official status in the UK. Is this a turning point for English law?

The Supreme Court acknowledged the marriage contract between the heiress and Nicolas Granatino, which was signed in Germany before the couple married in London in 1998, kicking out his claims to a larger slice of her wealth.

Ms. Radmacher said: ‘I’m delighted Britain has upheld fairness. For Nicolas and I, in our homelands France and Germany, these agreements are entirely normal.’

The ruling brings England into line with most of Europe and the USA where pre-nups are legally binding and emphasises the importance of pre-marital contracts.

‘We made a promise that if anything went wrong both of us would walk away without making financial claims,’ said Ms. Radmacher. ‘That promise was broken.’

In light of the ruling, Ms. Radmacher need only pay Mr. Granatino £1million, reversing an earlier settlement of almost £6million.

Lord Phillips, president of the Supreme Court, maintained the courts would still have the discretion to waive any pre-nuptial or post-nuptial agreements.

Do you think this is a necessary turning point for English law? Do you agree that pre-nups should become an enforced element of marriage contracts? Alternatively, do you believe such legislation would sap the romance and meaning out of the union?

Share your views by posting a comment below…

CLICK HERE FOR MORE BIG DEBATES

Reading now

Popular