Ten years on - The impact of Radmacher on UK prenups and divorces

Jane Keir, partner, Kingsley Napley, 20/10/2020

It is now ten years today since the UK Supreme Court gave its landmark decision in the case of Radmacher v Granatino [2010] UKSC 42 on the use and effectiveness of prenuptial agreements. 

In doing so it moved the emphasis on to holding the parties to their bargain when setting out the principle that ‘’the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement. ‘’

There is no doubt that the use of prenuptial agreem...

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