Separation anxiety

October 20, 2010, 10:34 PM GMT+0

The British public strongly agree that prenuptial agreements should be recognised in courts, our poll shows. This comes as the Supreme Court rules that a prenuptial agreement is binding in the divorce of German heiress Katrin Radmacher.

  • 72% of the population think that prenuptial agreements should be recognised in UK courts
  • While just 16% say they should not.

Fortune seekers

German paper company heiress Katrin Radmacher appealed a High Court decision that awarded ex-husband Nicolas Granatino £5.85m in their divorce, despite a prenuptial agreement stating that he would make no claim on her fortune.

In a landmark case, the Supreme Court agreed today that prenuptial agreements should be taken into account. Prenuptial agreements are currently enforceable in most of Western Europe, and Radmacher’s case was seen by lawyers as a test of whether they should apply in the UK.

Despite the Supreme Court's decision, it clearly stressed its right to waive an agreement if it is deemed unfair to children from the marriage. The Law Commission is due to report in 2012 whether a change in law will be made to make prenuptial agreements fully enforceable.

Survey details and full results