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Jul 03

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From the comment pages of The Independent, 03/07/09.

No longer the capital of divorce

By Marilyn Stowe

Yesterday, I thought about placing a bet on the outcome of the Radmacher v Granatino case. I would have backed the outside chance that the Court of Appeal would uphold the pre-nuptial agreement, even with all the odds stacked against me.

English law doesn’t automatically recognise such agreements. It is about needs, obligations and distributing assets and income fairly. Yet, I thought, times have changed. We are living in a European country. English law gives the courts discretion to reinterpret the law. Would the same judges who once pooh-poohed pre-nuptial agreements dare to change their minds? They did. Continue reading >




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2 Responses to “Pre-nuptial agreements and English law: what happens now?”

  1. An English Family Lawyer in Chicago | Marilyn Stowe Family Law and Divorce Blog Says:

    [...] approach that a US lawyer should take, if a client had ended up living in England. I discussed the Radmacher v Granatino case and the principle of comity with other countries. My advice? Our courts clearly wish to act in [...]

  2. Prenuptial agreements and the High Holy Days: food for thought | Marilyn Stowe Family Law and Divorce Blog Says:

    [...] persuaded the Court of Appeal to uphold the entirely one-sided prenuptial agreement in the Radmacher v Granatino case. Katrin Radmacher has managed to hold her entire £100million fortune intact after an eight [...]

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