Pre-nup, post-nup and no-nup

There's been a sea-change of course since Radmacher. Gone are the days when we'd start our advice with ‘Well there's no harm in giving it a go but…’. Now we're all checking our insurance policies anxiously and remembering that aspirational young blonde from 2007 who agreed to walk away with nothing in the unlikely event that she and the love of her life (a 76-year-old billionaire as it happens) should ever come unstuck. ‘Don't worry’ we'd advised her ‘the Court may read it but it isn't going to make a lot of difference to the approach. It will want to see an outcome not a million miles from the decision it would have reached anyway…’. Oh dear.

There'd been rumblings such as the Susan Sangster case in 2008 but Radmacher was still a complete shift in the tectonic plates. To begin with we wondered if it was too fact specific to be that important....

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