Radmacher: What Practitioners Need from the Supreme Court

ANDREW MEEHAN Senior Solicitor Mills & Reeve

The appeal against the Court of Appeal's decision in Radmacher v Granatino [2009] EWCA Civ 649 [2009] 2 FLR 1181 is due to be heard as at the time of writing by the Supreme Court towards the end of March 2010. Not only will the decision represent the highest profile ancillary relief case to be heard by the Supreme Court so far since replacing the House of Lords but the decision will also generate vast interest by virtue of its topic alone namely the enforceability of pre-marital agreements.

Readers of Family Law will be familiar with the background facts of the Radmacher case itself set out in the first instance decision of Baron J reported as NG v KR (Prenuptial Contract) [2008] EWHC 1532 (Fam) [2009] 1 FLR 1478 and in the Court of Appeal's decision. Both decisions were reviewed in detail in 'Analyse This: Radmacher v Granatino' [2009] Fam Law 816 and commented on in a number of articles since then including 'Pre-Nuptial Agreements: For Better or for Worse?' by R George P Harris...

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