Pre-nup Upheld in London

German heiress Katrin Radmacher was dragged to court by Nicolas Granatino, her former husband, after his share of the divorce was reduced from over £5m to £1m. By an overwhelming majority, the justices dismissed Granatino’s appeal, ruling that it would be unfair to not enforce the prenuptial agreement that the couple had entered into.

Lord Phillips, president of the Supreme Court, said that the courts still have discretion to waive pre-nups or post-nups, especially when the agreement is unfair to any marital children.

In accordance with the pre-nup, Granatino has use of a £2.5m property free of rent for 15 more years, use of a holiday home until their youngest child turns 22, £25,000 for a car, his debts paid off by his ex-wife, personal income of £76,000 a year for 15 years, and £70,000 a year in child maintenance even though he is not the primary caretaker.

Ms. Radmacher was pleased that the court ruled to uphold the pre-nup, stating that she was “delighted that Britain has upheld fairness. It is important to me that no one else should have to go through this.”

Robert Verkaik, Pre-nuptials Recognised in Law as Heiress Wins Case, The Independent, Oct. 21, 2010.

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this to my attention.