How do international elements affect a nuptial agreement?

Since Vardags won the landmark Supreme Court case, Radmacher v Granatino, prenuptial agreements have had a new and important status in matrimonial law, and it is likely you will be bound by it if you divorce.  

If one or more parties have a connection with another country, either as to assets, domicile, habitual residence or future plans – then a specialist family lawyer should be instructed in each relevant country to advise you on the need for and effect of such an agreement in that country. 

The approach to the enforcement and validity of nuptial agreements varies between countries, and in some countries outside of England and Wales a nuptial agreement will be fully binding with no reference to fairness. 

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. 

If you’re considering or going through a divorce and there is a nuptial agreement involved, we can help. Click below for a free initial consultation with one of our expert divorce solicitors. 

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