Analyse This: Radmacher v Granatino

Andrew Meehan, Senior Solicitor, Mills & Reeve

The decision of the Court of Appeal in Radmacher v Granatino [2009] EWCA Civ 649, [2009] 2 FLR (forthcoming), has been hailed in the media as providing conclusive evidence that English law has now finally caught up with its continental cousins in making pre-marital agreements binding. Even before the decision, practitioners were seeing increasing numbers of clients asking for pre-marital agreements because they were seen as a way of perhaps reducing the extent to which the court might interfere with the provision the parties wanted to make for each other in the event of a divorce and providing the parties with some certainty. Following the decision, the number of people wanting pre-marital agreements will now inevitably increase even further. But does Radmacher go as far as it is perceived to and what are the implications of the decision in practice?

To read the rest of this article, see September [2009] Family Law journal.

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