CASE CRITIQUE

Radmacher v Granatino [2009]

Radmacher v Granatino [2009]

Introduction

Radmacher vs. Granatino case is the most important example of prenuptial agreements as Radmacher is the one who brought this concept of prenuptial agreements in United Kingdom. The case has set an example for today's couples in terms of having agreements. In November, 2010, the Law reported on the Supreme Court decision about the case of Radmacher vs. Granatino. After the dissolution of their marriage, it was the German Katrin Radmacher who should have kept most of its 100 million pounds after former husband had tried to claim a greater participation. It was a major decision on the operation of prenuptial agreements. The Court must have give effect to an agreement that is freely contracted marriage by each party with a full appreciation of its consequences unless the circumstances prevailing in would not be fair to the parties to the agreement. this means that when a prenuptial agreement, the courts unless it is seriously unfair. This does not seem momentous until one realizes that the drive concept of the law of divorce is that couples should become cautious while having divorce.

The German national, Katrin Rademacher daughter of a wealthy home, married in 1998 to a banker who was working in London, the French Granatino. Before the wedding, the bride's father suggested the conclusion of a Marriage contract to, among other things, a mutual separation of property and compulsory portion providing for waiver. The marriage contract was notarized by a German notary. In 2003, the marriage fell into crisis and finally divorced in 2007. In spite of the marriage contract, the husband complained to the maintenance and compensation payments. The British Supreme Court has recognized the marriage contract in principle for the property settlement authoritative weight to the husband. The decisive factor was that the spouse had signed the contract, without undue pressure and in full knowledge of the consequences that could appear in the future. Moreover, the marriage contract was fair and content, so that it was not inequitable to hold the husband in it. However, the law has now recognized the need to protect less affluent couples as well, and this consultation will be conducted with their needs taken into account.

In Britain today, however, the popularity of prenups is apparently increasing. Men under 45 years to generate more than 100,000 a year are 3 times more likely to have a prenuptial agreement than over forty-five, a study conducted by lawyers in London Firm. Seventeen percent of men who are younger than 45 years have a sort of prenuptial agreement. The fascinating aspect of the growing acceptance of premarital agreements is that Britain has no legal weight. Judges routinely ignore premarital contracts, and this is the reason due to which many lawyers in London have described the city as the divorce capital of the world.

The status of prenups changed dramatically, however. The Katrin Radmacher managed to successfully defend the Supreme Court a prenuptial agreement she made ??with her ??ex-husband to protect ...