Recognition of Foreign Pre-Marriage Contracts

 

In this section, we have provided guidance on some of the questions that we are commonly asked about the recognition of foreign pre-marriage contracts.

Frequently Asked Questions →

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 the 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 FLiP about pre-nuptial agreements in England. 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.

Our Expertise →

At FLiP our expertise in negotiating and delivering pre and post nuptial agreements and relationship agreements is second to none. We combine the first-class knowledge of our lawyers with the support of our family consultants and counsellors to offer an unrivalled service, delivered with insight and understanding.

Knowledge of the international rules applying to pre and post marriage agreements is a key aspect of our international family law work and we have close contacts with expert family lawyers across the globe who can assist when required.

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We have some of the very best London divorce lawyers and mediators, along with accomplished arbitrators, family consultants and counsellors. There’s no one better to handle your case.

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