Our international family lawyers regularly advise on cases involving complex international aspects

Recognition of Foreign Pre-marriage Contracts

Outcomes vary geographically It is crucial to obtain timely advice on international family law issues

 

The international family law issues that our clients face vary tremendously. We have provided guidance on some of the questions that we commonly come across on foreign pre-marriage contracts:

  • My client is entering into a prenuptial agreement in my country. Will the agreement be binding in England & Wales too? Will a reciprocal agreement be necessary? Provided certain criteria have been met in the drafting and circumstances surrounding the entering into of such an agreement, then it is likely that the English court will implement, or at least be highly influenced by, a pre-nuptial or post-nuptial agreement. However this is not definitive as the court retains a wide discretion to make an order on other terms. It is therefore imperative that, if the parties plan on moving to England for a period of time or if divorce proceedings could be issued in England, your client speaks to a lawyer at Family Law in Partnership about pre-nuptial agreements in England and your client may want to consider a mirror English agreement.
  • Is my client’s marital property regime recognised in England? The short answer is to assume no, although the English courts may be highly influenced by a foreign marital property regime.

Read our recent blogs on foreign pre-marriage or prenuptial contracts:

Foreign pre-nup, English divorce? What’s the deal?

Prenups in Italy

How (and why) to bring up a prenup

DB v PB: English divorce of Swedish nationals and the impact of prenuptial agreements

Pre and post nuptial agreements following Brexit