Pre-nup judgment a “major step forward”
20 Oct 2010
Today’s historic judgment on the status of pre-nuptial agreements is a victory for fairness and common sense, 5,500 strong family lawyers’ association Resolution has said today.
Responding to the Supreme Court’s judgment on Radmacher vs Granatino, which has ruled in favour of pre-nuptial agreements being effectively binding, Resolution’s Andrew Greensmith said:
“Today’s judgment is a major step forward. We know that financial uncertainty is one of the most stressful elements of any divorce, and a pre-nuptial agreement can be a useful tool for couples wishing to reduce this uncertainty.
“However, until today the enforceability of pre-nups has been very uncertain because they were seen as contrary to public policy and an attempt to override divorce laws. That principle has been swept away by today’s judgment, which paves the way for these agreements to become more mainstream and less the preserve of the rich and famous.”
Andrew Greensmith continued: “With second marriages on the rise, people marrying later, and many couples entering marriage with money and property already to their name, it is likely that there will be more and more demand for pre-nuptial agreements. This much-needed judgment clarifies their status and is a victory for fairness and common sense”.
The judgment is clear that pre-nuptial agreements are presumed to be enforceable except where they lead to unfair outcomes. Any arguments about unfairness are to be left to the courts to decide.
Notes to Editors
- Today’s judgement references Resolution’s paper on pre-nuptial agreements, Family agreements, seeking certainty to reduce disputes which makes the case for law reform on this area
- Resolution’s 5,500 family lawyer members promote alternatives to court and many of them are trained as mediators and collaborative lawyers. Resolution was established 25 years ago. To find out more, visit http://www.resolution.org.uk/
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