Should pre-nuptial agreements be binding?
The Supreme Court in the UK has ruled that a pre-nuptial agreement between a German heiress and her ex husband is binding. Should English law recognise pre-nuptial agreements?
Katrin Radmacher's ex-husband Nicolas Granatino was initially awarded more than £5m in a divorce settlement, this figure was cut to £1m following an appeal which cited the couple's pre-nuptial agreement. In the pre-nup Mr Granatino had agreed not to make any claims on her £55m fortune if they split up.
Unlike other European countries English law does not generally recognise pre-nuptial agreements, but the Supreme Court said that in the right case such agreements can have decisive or compelling weight.
The Law Commission is due to report in 2012 on whether a change in the law should be made to ensure pre-nuptial agreements are fully enforceable.
Do you have a pre-nup? Should they be legally binding? Is it important to have an agreement before you get married? Should all couples have a pre-nup?
Thank you for your comments. This debate is now closed.