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Pre-nuptial victory for heiress Pre-nuptial victory for heiress
(21 minutes later)
A Court of Appeal ruling over a divorced couple's pre-nuptial agreement could pave the way for such contracts to become legally binding in the UK. A court ruling over a divorced couple's pre-nuptial agreement could pave the way for such contracts to become legally binding in England and Wales.
Katrin Radmacher, a German heiress, has overturned an earlier court decision to award her ex-husband £5.8m of her £100m fortune despite their agreement.Katrin Radmacher, a German heiress, has overturned an earlier court decision to award her ex-husband £5.8m of her £100m fortune despite their agreement.
Frenchman Nicolas Granatino had agreed not to make a claim if they divorced.Frenchman Nicolas Granatino had agreed not to make a claim if they divorced.
Such contracts are enforceable in Germany, where the couple's was signed, but not in the UK where they married. Such contracts are enforceable in Germany, where the couple's was signed, but not in England where they married.
They are also enforceable in Mr Granatino's home country.They are also enforceable in Mr Granatino's home country.
Miss Radmacher, one of Germany's richest women, won a ruling from the Court of Appeal that such contracts should be taken into account by the courts when they divide assets after a marriage fails.Miss Radmacher, one of Germany's richest women, won a ruling from the Court of Appeal that such contracts should be taken into account by the courts when they divide assets after a marriage fails.
'Broken promise''Broken promise'
Miss Radmacher, 39, said she was "delighted" by the decision.Miss Radmacher, 39, said she was "delighted" by the decision.
"Ultimately, this case has been about what I regard as a broken promise," she said."Ultimately, this case has been about what I regard as a broken promise," she said.
"The agreement was at my father's insistence as he wanted to protect my inheritance - this is perfectly normal in our countries of origin, France and Germany. Like all wealthy parents, he feared gold-diggers."The agreement was at my father's insistence as he wanted to protect my inheritance - this is perfectly normal in our countries of origin, France and Germany. Like all wealthy parents, he feared gold-diggers.
"As an heir himself, Nicolas perfectly understood this. The agreement gave me reassurance that Nicolas was marrying me because he loved me as I loved him... that we were marrying for the right reasons.""As an heir himself, Nicolas perfectly understood this. The agreement gave me reassurance that Nicolas was marrying me because he loved me as I loved him... that we were marrying for the right reasons."
The couple's pre-nuptial was signed in Germany before the couple married in London in 1998.The couple's pre-nuptial was signed in Germany before the couple married in London in 1998.
The pair's marriage was said to have broken down after Mr Granatino, 37, gave up a lucrative investment banker job in 2003 to become a £30,000-a-year biotechnology researcher at Oxford University.The pair's marriage was said to have broken down after Mr Granatino, 37, gave up a lucrative investment banker job in 2003 to become a £30,000-a-year biotechnology researcher at Oxford University.
They divorced in 2006 and a High Court ruling last year awarded her ex-husband £5.8m.They divorced in 2006 and a High Court ruling last year awarded her ex-husband £5.8m.
Miss Radmacher appealed against that decision and her lawyer, Richard Todd QC, told a panel of three Court of Appeal judges the freedom to agree a contract was "at the heart of all modern commercial and legal systems".Miss Radmacher appealed against that decision and her lawyer, Richard Todd QC, told a panel of three Court of Appeal judges the freedom to agree a contract was "at the heart of all modern commercial and legal systems".