Biyernes, Marso 11, 2011

The German heiress and the prenup

Just when you thought the most talked-about supreme court case of last year was over, there's more

It's time for Katrin Radmacher, the German heiress, versus Nicolas Granatino, her Italian ex-husband, part two.

Part one, of course, was the supreme court case decided last year. Katrin Radmacher's attempt to enforce her prenuptial agreement ? limiting her ex-husband Nicolas Granatino's access to her substantial wealth ? resulted in a landmark supreme court decision which substantially increased the influence of prenups in English courts.

Lawyers reacted frantically declaring the judgment was "the codification of sexism", the "end of marriage", and the trigger for a "prenup boom".

On 20th October, the day of the supreme court's decision, both Katrin Radmacher and her solicitor made a statement about the case and the court's decision.

"I'm delighted that Britain has upheld fairness," Radmacher said. "I know some people think of prenuptial agreements as being unromantic, but for us it was meant to be a way of proving you are marrying only for love," she added.

Then her solicitor, Simon Bruce said the following:

"The supreme court has said that Katrin's prenup was fair. Her former husband is a really intelligent man, had a glittering banking career in the City and in New York, and has studied at Oxford university for a PhD in biotechnology ? he is nobody's fool."

"He is well able to look after himself, and has really generous maintenance from Katrin for each of the two girls. He sees them for less than a third of a year, and receives �35,000 per child per annum?. It is extraordinarily generous by any standard."

"This judgment supports the public's desire to minimize conflict, and the emotional and financial cost of divorce? More couples will marry for love not money."

If there is anything obviously defamatory in that statement, I appear to have missed it. But Granatino feels differently. Word on the street is that he has decided to sue Bruce, Radmacher's solicitor, for libel.

When I contacted Farrer's, where Bruce is a partner, the firm confirmed that proceedings had been issued. But in France.

It's maybe not surprising that a German woman and Italian man who battled out their divorce in London would end the whole drama with a libel case in France. But it still seems like a random outcome.

And as for suing your ex-wife's solicitor for libel over what he said on the steps of the court after winning her case - well that just sounds like being a really, really bad loser.


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Source: http://www.guardian.co.uk/law/afua-hirsch-law-blog/2011/mar/11/prenups-divorce

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