News release

TAYLOR&EMMET WELCOMES PRENUP RULING

British courts have moved a step closer to recognising prenuptual agreements, claims leading Sheffield family solicitor, Michaela Heathcote of Taylor&Emmet LLP.

Michaela said: “Yesterday’s Court of Appeal judgement in favour of German heiress, Katrin Radmacher means it is likely prenuptual agreements will eventually become legally binding.”

The Court of Appeal decided Ms Radmacher’s prenuptual agreement with her former husband should be upheld when her assets were divided, overturning a High Court judgement made last year.

Accepting the validity of prenuptual agreements would bring British laws in line with much of Europe. Currently, divorce courts take the contracts into account, but they are not legally binding.

Michaela added: “Although this case is likely to go to the House of Lords before it is finally settled, it has brought the issue of prenuptual agreements back into the public domain and shown that it is unrealistic to assume they have no legal standing.

“Prenuptual agreements are becoming more important and this case adds weight to their legitimacy. However, the public needs clarity on the issue, which is unlikely to come until the government makes a final decision. What this case shows is that they are a good idea, particularly for second marriages and older couples who are already established financially.”

For further information about prenuptual agreements, contact Michaela Heathcote at Taylor&Emmet on (0114) 218 4000 or visit www.tayloremmet.co.uk

Issued: 3.7.2009

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