Z v Z (No 2)
[2011] EWHC 2878 (Fam); [2012] 1 FLR 1100 in relation to another French case where there had been a “separation de biens” agreement. I rejected all the arguments that it would not be fair for me to uphold the agreement but I made it very clear that it might have been very different if the agreement had purported to exclude maintenance claims in the widest sense but I noted that the agreement there, as here, does not do so. 44.The second difficulty with the approach in Kremen v Agrest is that it flies in the face of the decision in Radmacher itself. Mr Granatino was, essentially, held to an agreement which even contained a waiver of any claim for maintenance. Like this Wife, he was highly intelligent and embarking on a career in business but he had not had independent legal advice or full disclosure. This court cannot be sexist. I will have to assess whether this Wife did have a full appreciation of the implications of the agreement. 45.Mr Boydell referred me to the decision of the Court of Appeal in
- JUDGMENT
- The relevant history
- The statements and expert reports
- The assets
- The Open Offers
- Wells
- The Law
- White v White
- K v L
- Miller/McFarlane
- Radmacher
- Kremen v Agrest
- Versteegh v Versteegh
- Z v Z (No 2)
- Brack v Brack
- Brack
- SJ v RA
- Duxbury
- The evidence I heard
- My findings as to the Marriage Contract
- The quantification of the assets
- £ 3,284,021
- The Wife’s needs
- £1,395,541
- Cross-check
- Ms D
- Child periodical payments
- CB v KB
- Conclusion
