Radmacher vs Granatino (Coursework Sample)

Radmacher V Granatino Name of Student Institution Name of instructor Date Introduction The case between Radmacher and Granatino involved the court in determining the extent to which an ante-nuptial agreement should be considered, while the court is exercising its jurisdiction as provided for, under the section, 25 of the Matrimonial causes act, enacted in 1973. The issue of ante-nuptial contract in the case traces its execution in Germany, where German national, Radmacher, and a French citizen, Granatino came together. They were both affluent and very educated. While Ms. Radmacher came from a family with an affluent background, Mr. Granationo was employed by an investment, the higher ranking bank. From the personal benefits and gains that Ms. Radmacher obtained from her family businesses, she was the wealthiest in their marriage. As per the contract terms, a partner was not entitled to the claims of the assets of the other, for example, in the event of divorce. This was very applicable in both German and French law. After separation, the couple was engaged in court battles that ended in the Supreme Court. This paper looks at the impact and importance of the decision that was held by the court of appeal. Facts and Court Rulings/Decisions By the time the couple separated in the year 2006 (Family Law Week, n.d), the husband had long stopped working as a banker. The couple had two children by then. Upon separation, Mr. Granationo took the case to the high court and was granted a financial relief amounting to 5.5 pounds, enabling him to buy a home at the very heart of London. Although the high court judge reduced the weight she attached to the case, she considered the circumstances of the agreement was made, and granted Mr. Granatino the financial relief. However, the wife appealed, and the court of appeal ruled out that Mr. Granatino should only be awarded provision as a father of the two. The award should not care for his long-term needs in life. When Mr. Granatino appealed to the supreme court, the appellate ruling was dismissed. The supreme court ruled that the court paid no regard to the ante-nuptial agreements (Family Law Week, n.d). The implications, and impacts of the decision is an indication that the courts ay be willing to reconsider pre-nuptial agreements as binding. By considering the circumstances of the agreement while making a ruling, the court of appeal judges sent a signal that, a pre-nuptial agreement can be binding, especially when the parts that do not contravene family law are applied. After a thorough, independent analysis of the court of appeal decision, this paper argues that the ruling of the court of appeal showed that pre-nuptial agreements can be as binding as post-nuptial agreements. Analysis of the Decision by the Court of Appeal The decision of the court of appeal added decisive weight to the pre-nuptial agreement, observing that no party, or partner in this case should benefit in financial terms, in the case of divorce, if a pre-nuptial agreement existed before. The court of appeal's decision has some important implications because, under normal circumstances, the English law, unlike the German law, does not recognize a pre-nuptial agreement (Harris & Spicer, 2008). The decision by the court of appeal thus pointed that the English courts may start honouring the pre-nuptial agreements. Harris and Spicer (2008) indicate that the UK has been very slow to review the law guiding the decisions on the sharing of family property, and accruing benefits after a divorce. Going by the provision of the UK law, the court thus had a dilemma of whether or not to consider the circumstances of the prenuptial agreement. Some of the main considerations that were heavy, and that challenged the decision was on the basis of the foreignness of the parties. Also, according to the Matrimonial causes act of 1973, children are a big consideration in judging the weight, and the importance that should be attached to a pre-nuptial agreement. In regard to considerations made when giving a decision in pre-nuptial agreements, Harding (2013, P. 256) asserts that a court can only give weight to a prenuptial agreement only when it is considered fair to do so. In regard to that, a pre-nuptial agreement cannot override the interests of children in a marriage. Another issue that ought to be factored is the circumstances leading up to the divorce. Similarly, the foreign nature of the parties involved in the case might have influenced the decision taken by the court of appeal. Going by the decision of the court, one can, therefore, argue that the case of Radmacher V Granatino provides a platform for the recognition of prenuptial agreements in the UK. However, the right circumstances of the agreement have to be considered, for example, if the children were factored in the agreement, whether each of the parties agrees to the terms, and whether a qualified person as involved in the writing of the agreement. Since the decision in the Radmachr V Granatino cases indicated that prenuptial agreements may be binding legally in the UK, one sees it important to consider some of its implications. An implication of honoring pre-nuptial agreements is legal certainty. If a couple enters into marriage with a pre-nuptial agreement that is binding, they are not likely to suffer the inconsistencies and the inconveniences that are likely in divorce. The reason for this is because the parties can predict what most likely to happen to their assets in the event that they divorce. However, (MM & M, n. d) observes that the legal certainty can be undermined by the concept of fairness, because what may be fair or just in a case may not be just or fair in another. Reduced litigation costs come as another advantage of pre-nuptial agreements. Since the agreement is binding, there may not be a need to litigate much. The effect of this is the reduction of costs that would have been used in litigation. The decision the court made in the case of Radmacher and Granation also has the implication of personal autonomy. If prenuptial agreements were honored as happened in this case, then one would be sure...