Prenuptial Agreements now carry more weight in English law. It was recognised that Prenuptial Agreements are already enforceable in Scotland, Germany and France and many other areas of Europe. The Supreme Court stated that they should look at whether the parties had entered into the Prenuptial Agreement voluntarily and understood its implications. If full financial disclosure has not been given then less weight will be given to the Prenuptial Agreement. In this case, the Prenuptial Agreement was signed in Germany, where it would have been enforceable. This showed a significant intention on both parties that they wanted the Prenuptial Agreement to be binding on them.
As is often the case in English Matrimonial Law, emphasis was given to what is ‘fair’ and what decision would meet the needs of Ms Radmacher and Mr Granatino. The court considered that Mr. Granatino was capable of creating his own wealth. He had been a high earner, and it was his choice that he was earning less now.
The Supreme Court did not consider it fair to give Mr Granatino a share of Ms Radmacher’s family’s wealth, which was independent of the marriage. The Supreme Court also stated that Mr Granatino had agreed to this by entering into the Prenuptial Agreement in the first place, and it had been his choice to leave his career as a banker in London.