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Radmacher v Granatino: the Wait is Over - Family Law journal

Sep 29, 2018, 17:36 PM
On 20 October 2010 the Supreme Court finally handed down judgment in the eagerly anticipated Radmacher v Granatino [2010] UKSC 42 case. The facts are well known and can be found in Andrew Meehan's article ‘Analyse This: Radmacher v Granatino' in September [2009] Fam Law 816. Essentially, the French husband and German wife divorced in London. A German ante-nuptial agreement provided that neither party would have any claim on the other's property during the marriage or on its termination. The wife came from a very wealthy family. The husband was an academic having previously been a high earning banker.
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HAYLEY TRIM, Family Law PSL, Jordan Publishing

On 20 October 2010 the Supreme Court finally handed down judgment in the eagerly anticipated Radmacher v Granatino [2010] UKSC 42 case. The facts are well known and can be found in Andrew Meehan's article ‘Analyse This: Radmacher v Granatino' in September [2009] Fam Law 816. Essentially, the French husband and German wife divorced in London. A German ante-nuptial agreement provided that neither party would have any claim on the other's property during the marriage or on its termination. The wife came from a very wealthy family. The husband was an academic having previously been a high earning banker.

Baron J awarded the husband £5.56m considering that although some weight should be given to the ante-nuptial agreement, this was limited because a number of the usual safeguards (disclosure, legal advice, etc) had been omitted. The award paid off the husband's debts of £700k, gave him a housing fund for a property in London and a fund for maintenance. He would also receive child maintenance of £35k per child per annum and a sum to buy a home (to remain owned by the wife) where the children could stay with him in Germany (although this became a Monaco property when the wife moved there instead).

To read the rest of this article, see October [2010] Family Law journal (link for online subscribers who have logged in). To log on to Family Law journal Online or to request a free trial click here.

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Family Law

Family Law is the leading practitioner journal, ensuring all family law professionals keep up with the latest developments and their impact on practice. Each issue contains the latest news of legislative change, authoritative case reports, invaluable articles and news items written and compiled by experts for the practising family law professional.

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