The Supreme Court has ruled that the prenuptial agreement signed in the case of Radmacher -V- Garantino is enforceable and that it agreed that in the right case such agreements can have decisive or compelling weight.

The justices dismissed the ex-husband’s appeal by a majority of eight to one.

They said that following their ruling “it will be natural to infer that parties entering into agreements will intend that effect be given to them”

No doubt, there will be much dissecting of the judgment by lawyers to find out what needs to be done at the signing of the agreement to ensure that it can be enforced and this will no doubt involve some guidance on disclosure of assets, legal advice taken and that there has been no duress by the party with the most to lose.

This precedent should reduce the number of cases coming before the courts as hopefully people getting married in the future will enter into agreements knowing that they will be enforced thereby reducing the amount of litigation, which is quite ironic considering the Government is about to cut the Justice budget by 30% and introduce compulsory mediation in disputed divorce cases.

The advice therefore has to be, however unromantic for all couples with assets to enter into an agreement before marriage.

This post was written by Mark Keenan. Editor of the Divorce Online Blog and Managing Director of Online Legal Service Ltd. Mark has been writing about divorce and related subjects for over 20+ years and is an expert in legal marketing.

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