02/02/2010
A word of Advice for Charlotte & Gavin!
Pre-nuptial agreements have long been considered as the preserve of the rich and famous. Should Charlotte Church & Gavin Henson, as they announce their engagement enter into one? The recent case of the heiress Ms Radmacher bought it onto the front pages of national press and onto our television screens. Catrin Radmacher herself predicted that as a result of the decision in her case men and women will no longer have to worry that they are being married for their money, but can organise their affairs if the relationship fails, before they enter into marriage but her ex-husband Mr Granatino has a different take on it. He has taken his appeal to the Highest Count in the land, the Supreme Court.
The case has not yet changed the law but depending on the Supreme Court’s decision, it may yet. In the meantime, properly negotiated pre-nuptial agreements are capable of affecting a financial settlement. What has happened, though, over recent years is that the weight given to pre-nuptial agreements by Judges has increased. The Judges retain their absolute discretion to decide what is a fair out-come, but if a pre-nuptial agreement is properly negotiated and there is no obvious unfairness or abuse, then increasing weight will be given to it.
Catrin Radmacher may not have changed the law, but she showed that if the right hoops are jumped through in terms of signing up to the agreement and the agreement is not obviously unfair in the future it should be upheld by the court. Charlotte and Gavin would be well advised to protect and/or preserve monies in the event of divorce.
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