Does a prenuptial agreement settle everything? Reading Radmacher v Granatino
Radmacher v Granatino gives significant weight to freely made nuptial agreements, while retaining an assessment of fairness in the actual circumstances.
A signed agreement is an important document, but a useful family-law consultation also examines how it was made and what has happened since. A foreign element adds questions rather than removing them.
Jurisdiction discussed: England and Wales. Case: Radmacher v Granatino [2010] UKSC 42. Judgment date: 20 October 2010.
What happened and what the Court decided
The couple signed a prenuptial agreement in Germany before marrying in London. By a majority of eight to one, the Supreme Court dismissed the husband’s appeal. It explained the weight to give an agreement entered freely with appreciation of its implications, unless holding the parties to it would be unfair in the circumstances. Children’s reasonable requirements could not be prejudiced by the agreement.
What the decision does not settle
This did not turn every prenuptial agreement into an automatically enforceable commercial contract. Pressure, information, understanding and later circumstances can matter. A document governed by foreign law does not by itself answer what an English court should do in financial proceedings.
Preparing for a consultation
- Keep the signed document, translations, drafts and the timeline leading up to signature.
- Identify the financial information exchanged and the advice each person received, if any.
- Prepare a separate account of current housing, income and children’s needs without disclosing unnecessary private information.
Questions to take to a lawyer
- Was the agreement entered into freely and with an understanding of its implications?
- What has changed since signature, and what needs require consideration now?
- Which jurisdiction and legal process are relevant to the financial arrangements?
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Official sources
Sources checked on 19 October 2026. The press summary assists readers but is not part of the judgment’s reasons. This article is a case-reading note, not advice on an individual matter. Current law, later decisions and any procedural deadlines require separate checking.