MacLeod is lifted? UK Supreme Court clears the skies for Pre-Nups Offshore

Christian R. Luthi • Posted 03/11/2010 • Under Articles

The recent decision of the UK Supreme Court in Radmacher (formerly Grantino) v Grantino [2010] UKSC 42 has reversed the ruling of the Privy Council in MacLeod v MacLeod [2008] UKPC 64 and cleared the way for pre-nuptial agreements to be made legally binding.

Decisions of the UK Supreme Court are highly persuasive for the courts of Bermuda, BVI and Cayman and, given that the institution of marriage functions no differently in the overseas territories than in the UK, it is hard to imagine that the Radmacher approach would not be followed in Bermuda, BVI and Cayman.