Marilyn Stowe: No longer the capital of divorce
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Independent Minds
Yesterday, I thought about placing a bet on the outcome of the Radmacher v Granatino case. I would have backed the outside chance that the Court of Appeal would uphold the pre-nuptial agreement, even with all the odds stacked against me.
English law doesn't automatically recognise such agreements. It is about needs, obligations and distributing assets and income fairly. Yet, I thought, times have changed. We are living in a European country. English law gives the courts discretion to reinterpret the law. Would the same judges who once pooh-poohed pre-nuptial agreements dare to change their minds? They did.
For the past few months I've noticed that the courts seem to be making a policy statement: "London is not the divorce capital of the world." A few years ago, spectacular awards were made to the wives of a few wealthy men. Alan Miller, John Charman, Sir Martin Sorrell and Stephen Marks, of French Connection, were among the most obvious "victims". Their cases made glamorous material for the press, and put fear into the hearts of many rich husbands and hope into the hearts of their wives. It went international.
However, recently rumours have been rife in central London legal circles that the courts were only waiting for opportunities to put the record straight. And so they have. I believe the courts, headed by judges who are players on the world stage, are demonstrating as strongly as they can that England is not out of step.
If Mr Granatino appeals to the House of Lords, the outcome will be very interesting because our law does not seem technically, on the face of it, to fit the Court of Appeal's decisions. However, if I'm asked to back the winner, I'd still go for the outsider.
The writer is a senior partner at Stowe Family Law LLP. Her blog can be found at www.marilynstowe.co.uk
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Comments
The emerited tennis champion Boris Becker is a native and citizen of Germany residing in Switzerland. His bride Lilly was born in the Netherlands, spent most of her adult life in the USA and made her first husband, an American lawyer extremely happy for a few years by his own account.
Though both are veterans of friendly divorce readers responding to a Welt Online poll the day their wedding in St.Moritz was televised doubt that the hyped marriage will last long. Relying on a pre-nup they bought within weeks a $5 million house near Wimbledon. I wish them the best of luck.
Katrin Radmacher inherited a substantial fortune, fell in love with a Frenchman earning an impressive salary at Morgan's London branch. The young lovers' income was comparable but her father 'feared gold-diggers' and wisely insisted on protecting her wealth against Nicolas who gracefully signed the pre-nuptial agreement but broke his promise on advice of counsel. Katrin 'ne gerette rien' and offered a generous settlement. The German heiress even covers debts exceeding $1 million her ex run up.
Jost v. Heynitt notarized on September 16, 1993 a pre-nuptial agreement between Boris Becker and Barbara Feltus, one year his junior and 7 month pregant. Babs is, as President Obama describes himself, a mutt. Her father was an American soldier. Born in Heidelberg she enjoys 2 countries' citizenship. Boris used a Monaco domicile to shield income against German taxes, estimated his wealth at DM 10 million and offered her a pittance. Beggars aren't choosers. They married modestly at the Standesamt of his native Leinen.
Luckily v. Heynitz remarked in paragraph XIV., 3. that double citizenship might affect that agrrement. Lacking expertise he recommended consultation of the German Institute for International law to protect himself against potential legal malpractice claims.
As the mind-boggling pre-nup excxeeds the limit for comments I publish it on my website. For interested readers' convenience the link will be added to this blog as soon as that is done. To make a long story short a dark-skinned, pennyless American beauty by the grace of God encouraged me to investigate what the German press covered up for the benefit of millions of couples who need inplementation of the mutual marriage insurance my late Ex, Cynthia challenged me to dream up and significantly improved.