Pre-Nups :
Where do we stand now? Last month, the Supreme Court gave its long awaited decision in the case of the German heiress Katrin Radmacher widely reported to be one of the richest women in Europe. Her husband, a French banker, had challenged an earlier decision made by the Court of Appeal which slashed his divorce settlement from his former wife from £5.85 million to £1 million. The couple, who have 2 children aged 10 and 7, had spent most of their married life in London. Prior to their wedding, they had signed a pre-nuptial contract agreeing not to claim a penny of each other’s fortune if the marriage failed. The court heard that Mr Granatino, then earning £120,000 a year at an investment bank, signed the agreement in German without taking legal advice or even asking for it to be translated. He claimed that when he signed the agreement, he did not know that his wife had a personal fortune worth an incredible £100 million. He subsequently gave up his six-figure salary to become a £30,000-a-year biotechnology researcher at Oxford University in the same year that the marriage began to deteriorate. He argued that he would suffer financial hardship if the agreement was upheld. However, the ruling made by the highest court in the land was virtually unanimous. The court found that the husband was well aware of the implications of the agreement despite not having independent legal advice. The court was also influenced by the fact that the pre-nup was made in Germany as such agreements are binding under German law. It is important to note that just because the husband is bound by the agreement in this particular case, it does not mean that pre-nups will now be binding in all cases. However, in the right case, a prenuptial agreement could have decisive or compelling weight. The President of the Supreme Court has said that the courts would still have the discretion to waive any pre- or post-nuptial agreement, especially when if it is considered to cause unfairness to either party or to any children of the marriage. 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 decision means that provided both parties have entered into the pre-nup freely and without any undue pressure, with independent legal advice and that it does not cause unfairness to any dependant children of the family, then it is more likely they are to be upheld. n For legal advice on this or any aspect of family law, contact Nina Banerjee at Denison Till solicitors on 01904 611411 (nsb@ denisontill.com) . Nina is an Associate Solicitor and an accredited member of Resolution – First for Family Law. She is also a Collaborative lawyer. See www.yorkcfl.com for further information.
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Hard rock apprentices
J W Smith (Masonry) Ltd, in Wheldrake, approached York College for help with recruiting an apprentice stonemason. The college’s Business Development Unit arranged for the vacancy to be advertised on the National Apprenticeship Service website, resulting in nine applicants. Two of the applicants, Edward O’Brien and Daniel Kelly, pictured, were students who had already applied to do a stonemasonry course at York College and, after interview, J W Smith decided to take both of them on. Director Steve Widdison says: “We were looking for an apprentice stonemason and were surprised to find not one, but two students, who fitted the bill perfectly. We decided to give each of them the opportunity to learn the trade and start careers in the industry. They are doing well. Their skills will enhance our business in the future.” J W Smith has been creating stunning stone products for more than 25 years, designing and manufacturing bespoke pieces for the home. Their stonemasons work with granite, marble, York stone, recycled glass and slate, cutting the stone to size which is then fitted by skilled fitters. Stonemasonry apprenticeships are highly sought after and York College is a centre of excellence for stonemasonry, with exceptional success rates. Apprentices Edward O’Brien and Daniel Kelly are training in the workplace and will also attend college for 13 weeks a year. Daniel says: “I left school with eight GCSEs and thought I wanted to work in a construction related trade. I had a false start at a building college in Leeds and then changed track to take a performing arts course, but it wasn’t for me. I just wanted to work and I managed to get a job with a monumental mason in Leeds, which is when I realised that I really enjoyed working with stone. The company couldn’t offer me an apprenticeship, so I applied to York College to do a stonemasonry course and I was told about this apprenticeship opportunity at JW Smith in Wheldrake. I haven’t looked back, I now feel that I am doing what I want to do and I have developed a real passion for stone.” York College is also helping JW Smith to recruit an apprentice for a customer service role. n The Business Development Unit at York College helps employers with both training and apprenticeship recruitment. Call 770368.
Partner joins law firm
A York law firm has hired a new lawyer to cope with its increasing workload. Mark Porritt-Allison has joined Walkers Commercial Solicitors from another York legal practice, Crombie Wilkinson, where he was head of the commercial department. Lawyer Charles Walker, who established the firm in June 2008, says: “We are a small commercial practice that offers a personal service to our clients. Law, at the end of the day, is about relationships and Mark, as a partner, will be a huge asset for us.” n Walkers Commercial Solicitors, 20 Castlegate, York. Tel: 633220.