In its long-awaited decision this week in Radmacher v. Granatino, Britian’s Supreme Court agreed that the Court of Appeals acted correctly in reducing a substantial award in a divorce case based on the parties’ prenuptial agreement. English courts have traditionally been reluctant to enforce prenuptial agreements, and this rule has put them at odds with the practice in the continental European countries as well as the United States. Under Radmacher, courts will still have significant discretion in determining whether to follow the terms of a marital agreement, but the starting point for decision-making has clearly shifted. There was a dissent from the ruling by Lady Hale.
Here’s a link to the text of the judgment from the Guardian, and their article on the ruling. There is also coverage from the Telegraph, the New York Times, the Jurist blog, and Jeremy Morley’s International Family Law blog.
Here’s a post on Radmacher from conflictoflaws.net.