Radmacher v Granatino [2011]

Key Points:

• Supreme Court's Stance:

◦ The Supreme Court gave significant weight to pre-nuptial contracts, marking a shift towards allowing individuals more autonomy in determining the legal consequences of their relationships.

• Baroness Hale's Perspective:

◦ Marriage as a Contract: Baroness Hale highlighted that when marriage is viewed as a contract, the legal consequences stem from the intentions of the parties as outlined in their agreement.

◦ Marriage as a Status: In contrast, when marriage is viewed as a status, it reflects a condition of belonging to a particular class in society, with legal rights and duties arising from this societal status.

Impact and Analysis:

• Legal Significance: This case marked a shift in English law towards recognising the validity of pre-nuptial agreements, provided they are entered into freely and with a full understanding of their implications.

• Societal Implications: The discussion on marriage as both a contract and a status reflects the evolving nature of marriage in modern society, balancing personal autonomy with traditional legal obligations.