How do international elements affect a nuptial agreement?

Why International Elements Matter in Nuptial Agreements

In today’s globalised world, many couples have international connections - whether through nationality, residence, assets, or future plans. These cross-border elements can significantly affect the validity, enforceability, and interpretation of nuptial agreements.

Legal Context:
Following Vardags’ win in the landmark Supreme Court case of Radmacher v Granatino [2010], prenuptial agreements gained significant weight in English law, and if you have freely entered into one, it is likely you will be bound by it if you divorce. However, international elements introduce complexity that requires specialist advice in each relevant jurisdiction.

What Counts as an International Element?

International elements may include:

• One or both parties being foreign nationals
• Assets located in multiple countries
• Domicile or habitual residence outside England & Wales
• Plans to relocate or retire abroad
• Prior or concurrent foreign nuptial agreements

Jurisdictional Differences in Enforceability

Different countries treat nuptial agreements in vastly different ways:

• In England & Wales, agreements are not automatically binding but are persuasive if entered into freely and fairly.
• In France, Spain, and Germany, agreements may be fully binding with little regard to fairness.
• In the US, enforceability varies by state.

Nuptial agreements should generally include a ‘jurisdiction clause’ confirming the domicile and habitual residence together with intentions as to jurisdiction of divorce and where it’s intended for the agreement to be enforceable. In nuptial agreements containing international elements, consistent agreements may be drafted in the multiple relevant jurisdictions and translated and notarised as necessary. 

Need Expert Help?

Vardags offers unparalleled expertise in prenuptial agreements for high-net-worth individuals. Following our landmark success in Radmacher v Granatino, we have set the standard for drafting and enforcing agreements that safeguard substantial assets and complex financial interests, both domestically and internationally.

To discuss how we can protect your wealth with a bespoke prenuptial agreement, contact our expert team today. We offer a free initial consultation to qualifying individuals.

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