The treatment of Personal Injury damages in divorce proceedings; the risks, and the measures that every practitioner should consider
The long awaited Supreme Court judgement in Radmacher v Granatino will be published on Wednesday 20 October. Family law professionals are hoping that the judgement will give some much needed clarity about the status and enforceablity of both post nuptial and pre nuptial agreements in England and Wales.
The husband is a French national, the wife is German. They were married in England and spent most of their married life here. The wife came from a wealthy family and had significant assets before the marriage. At her request, the couple entered into a pre nuptial agreement in Germany and both of them waived their claims following divorce. At first instance, the Judge did not enforce the agreement but gave some weight to it in determining the husband's financial claims on divorce. He was awarded £5 million. The wife appealed to the Court of Appeal, who allowed the appeal and the husband's award was reduced to c£1 million. We all wait with baited breath to see what award the Supreme Court will make.
The Supreme Court has been asked to resolve the divergence of judicial views on enforceability of pre nuptial agreements in recent cases. Watch this space for our take on the outcome next Wednesday.....
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