Katrin Radmacher and Nicolas Granatino spent most of their married life in west London A decision by the Supreme Court later in the divorce case of a German heiress could change the law on pre-nuptial agreements in England and Wales.
In July, the Court of Appeal agreed that Katrin Radmacher, thought to be worth £100m, should be protected by the terms of a German marriage contract.
But her ex-husband Nicolas Granatino is fighting to get that ruling overturned.
So-called "pre-nups" are not currently binding in England and Wales, but the outcome of the case could change that.
Ms Radmacher's former husband had agreed not to make any claims on her fortune if they split up, but was awarded £5.85m by a High Court judge in 2008.
She challenged that decision and judges at the Court of Appeal agreed that the couple's pre-nuptial contract should have been taken into account.
They slashed his lump sum payment to about £1m. Mr Granatino also received a £2.5m fund for a house, which would return to Ms Radmacher when the younger of their two daughters, aged 10 and seven, reaches 22.
Mr Granatino says being forced to accept the smaller settlement would leave him in financial ruin, and he is asking the Supreme Court to reverse the decision.
Andrew Newbury Law Commission“Making pre-nups legal isn't a vote winner”
Before the Court of Appeal judgement was handed down, it was understood pre-nuptial agreements were not recognised in English law.
But in making their ruling the judges said "decisive weight" must be given by the courts in England and Wales to such contracts.
Mr Granatino, who is French and an investment banker who became an Oxford University researcher, and his former wife, who is a German heiress to a paper company, signed their pre-nup in 1998.
They spent most of their life together in Chelsea, west London, until their divorce in 2007.
The Law Commission is due to report in 2012 on whether a change in the law should be made to ensure pre-nuptial agreements are fully enforceable.
Until then, the Supreme Court ruling will provide the clearest guide.
Andrew Newbury, one of the lawyers who contributed to the Law Commission review, said: "Giving pre-nuptial agreements the full force of law would be a very significant step, arguably the biggest development in family law reform for more than 20 years.
"However, there are those who see their introduction as making divorce easier and that goes against all parties who have pledged to support the family.
"Making pre-nups legal isn't a vote winner either, so the political impetus for change is going to be negligible, even though calls for that change to happen are actually growing in frequency and volume."
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Source: http://www.bbc.co.uk/go/rss/int/news/-/news/uk-11580907
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