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Pre-nuptial victory for heiress | Pre-nuptial victory for heiress |
(30 minutes later) | |
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. | 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 England where they married. | Such contracts are enforceable in Germany, where the couple's was signed, but not in England where they married. |
In a landmark judgment, three of the most highly respected judges in the land have ruled that pre-nups can be decisive in determining the financial division on divorce Miss Radmacher's solicitor, Ayesha Vardag | |
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. |
Mr Granatino is expected to seek permission to take the case to the House of Lords. | |
'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." |
Her solicitor, Ayesha Vardag, said: "In a landmark judgment, three of the most highly respected judges in the land have ruled that pre-nups can be decisive in determining the financial division on divorce." | |
Marriage contract | |
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". |
He said Miss Radmacher had never said her former husband would leave the marriage with nothing. | |
The Court of Appeal judges ruled that Mr Granatino's pay-out of £5.8m should be cut to about £1m as a lump sum in lieu of maintenance. | |
In addition, there will be a fund of £2.5m for a house that will be returned to Miss Radmacher when the youngest of their two daughters, who is six, reaches the age of 22. | |
Mr Granatino's debts, of about £700,000, are also to be paid off by the heiress, who had always agreed to this part of the settlement. |