Couple in court clash over pre-nuptial deal

Nicolas Granatino took his case to the highest court in the land after appeal judges slashed his divorce settlement from more than 5m to 1m, saying "decisive weight" should be given to the agreement signed before he married that he would make no claims on Katrin Radmacher's fortune.

Nicholas Mostyn QC, representing Mr Granatino, told the nine justices headed by Lord Phillips that the Court of Appeal ruling was not only unfair, it was impermissible because it amounted to a court legislating over pre-nuptial agreements which are not recognised in English law.

He said that when Mrs Justice Baron decided the case in the High Court in 2008, she said the pre-nuptial agreement signed by the parties in 1998 was "manifestly unfair" because the husband had no separate legal advice, there was no financial disclosure by the wife and it left him with no money on divorce even if he was in serious difficulties.

Appeal judges overthrew this ruling, saying "decision weight" should be given to the pre-nuptial agreement. Mr Mostyn said the law had been left "in a state of confusion".

If his appeal at the Supreme Court is dismissed, Mr Granatino must pay back maintenance from his former wife together with all the costs of the case from his reduced lump sum, said Mr Mostyn.

Mr Granatino, 38, a French national, gave up a lucrative job in the emerging markets sector in 2003 to become a 30,000-a-year biotechnology researcher at Oxford University.

He was divorced from his former wife, a German heiress to a paper company in 2007. They have two children aged 10 and seven.

The case continues.