Andrew Meehan, Senior Solicitor, Mills & Reeve
The decision of the Court of Appeal in Radmacher v Granatino  EWCA Civ 649,  2 FLR (forthcoming), has been hailed in the media as providing conclusive evidence that English law has now finally caught up with its continental cousins in making pre-marital agreements binding. Even before the decision, practitioners were seeing increasing numbers of clients asking for pre-marital agreements because they were seen as a way of perhaps reducing the extent to which the court might interfere with the provision the parties wanted to make for each other in the event of a divorce and providing the parties with some certainty. Following the decision, the number of people wanting pre-marital agreements will now inevitably increase even further. But does Radmacher go as far as it is perceived to and what are the implications of the decision in practice?
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