Can I divorce in England with a foreign prenup? =============================================== English jurisdiction and the recognition of international prenups ----------------------------------------------------------------- It is possible to commence divorce proceedings in England if you entered into a [prenuptial agreement](https://vardags.com/law-guide/nuptial-agreements) abroad. It is common for international couples to live in various jurisdictions, enter into a nuptial agreement abroad, and later initiate divorce proceedings in England and Wales. Whether you can file for divorce in England depends upon whether the necessary [jurisdictional criteria](https://vardags.com/law-guide/claiming-jurisdiction/establishing-jurisdiction-grounds-divorce) are met on the date you file for divorce (rather than when you entered into a prenuptial agreement), namely the requirements concerning domicile or habitual residence. These are complex legal concepts, on which specialist legal advice is required, since how they apply will depend upon the specific facts and circumstances of the case. **If you're considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") why jurisdiction choice matters ------------------------------- Vardags can help you ascertain the [most suitable jurisdiction](https://vardags.com/law-guide/claiming-jurisdiction/where-should-i-divorce) in which to get divorced based upon your individual situation, including in circumstances where you have entered into a prenuptial agreement abroad (if you are able to issue divorce proceedings in more than one jurisdiction). This is an important decision, which can have far reaching financial implications, since each jurisdiction treats prenuptial agreements differently. Although your prenuptial agreement may be enforceable in the country where it was entered into, this does not necessarily mean that it will be enforceable in England. Whether a foreign prenuptial agreement is valid and/or enforceable depends upon the individual circumstances and facts of each case, as well as the specific terms of the agreement. prenups in england & wales - Radmacher v granatino ------------------------------------------------------ Vardags have extensive knowledge and experience of the law applying to prenuptial agreements, having successfully changed the law in this area by acting for Katrin Radmacher in the landmark Supreme Court case of [*Radmacher v Granatino*](https://vardags.com/law-guide/important-divorce-cases/radmacher-v-granatino). Here, the Supreme Court made it clear that whilst prenuptial agreements are not automatically binding in England, the family courts should give effect to an agreement that is freely entered into with a full appreciation of its implications, unless it would be unfair to hold the parties to the agreement. As such, the English courts retain ultimate discretion when it comes to ordering a financial settlement upon divorce. Even if the prenuptial agreement is binding in the country where it was entered into, the court may choose to depart from it. The court must consider whether the outcome is "fair", and it is not obliged to give effect to a nuptial agreement if vitiating factors exist, or if it does not deem it fair. enforcing a foreign prenup -------------------------- To understand whether a nuptial agreement is enforceable in England and Wales, obtaining specialist family law advice will be crucial. Vardags have an extremely developed understanding of the issues and complexities arising in cases involving foreign prenuptial agreements, and the strategic factors involved. In light of our routine involvement in such cases, including the seminal *Radmacher* case, we have an unparalleled insight into the English court's approach to these agreements, and can draw on this experience in a manner which best suits you. Frequently asked questions -------------------------- #### Can I make an international prenuptial agreement? No, given that different jurisdictions treat prenuptial agreements differently, it is not possible to enter into a nuptial agreement which can be enforced worldwide. Therefore, if you and your partner have moved from the country where you entered into a nuptial agreement, it may be worth creating a new one according to the laws and criteria of the new country. #### Will the English court consider the law where the nuptial agreement was created? If a divorce is heard in England and Wales, English and Welsh law will apply, regardless of where the parties are from. However, if the parties had entered into a nuptial agreement in another jurisdiction, the law of that country will be considered, as it relates to their [personal circumstances](https://vardags.com/law-guide/nuptial-agreements/personal-circumstances) and can provide context of the parties' intentions. For example, if the parties grew up in countries where nuptial agreements are binding, and signed the agreement in a country where they are binding, this is more likely to suggest that they intended to be bound by the agreement. *Vardags' team of [top international divorce lawyers](https://vardags.com/locations-we-serve/international-divorce-lawyers) deliver a bespoke legal service to HNW and UHNW individuals, providing specialist advice on nuptial agreements.* About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) OUR FOREIGN DESKS ----------------- Our foreign desks are comprised of top multi-lingual lawyers, with a network of international contacts. [Australia Desk](https://vardags.com/international/australia "Australia Desk") [Bahrain Desk](https://vardags.com/international/bahrain "Bahrain Desk") [BVI Desk](https://vardags.com/international/bvi "BVI Desk") [Belgium Desk](https://vardags.com/international/belgium "Belgium Desk") [Bermuda Desk](https://vardags.com/international/bermuda "Bermuda Desk") [Canada Desk](https://vardags.com/international/canada "Canada Desk") [Cayman Islands Desk](https://vardags.com/international/cayman-islands "Cayman Islands Desk") [China Desk](https://vardags.com/international/china "China Desk") [Dubai (UAE) Desk](https://vardags.com/international/dubai "Dubai (UAE) Desk") [France Desk](https://vardags.com/international/france "France Desk") [Germany Desk](https://vardags.com/international/germany "Germany Desk") [Gibraltar Desk](https://vardags.com/international/gibraltar "Gibraltar Desk") [Greece Desk](https://vardags.com/international/greece "Greece Desk") [Guernsey Desk](https://vardags.com/international/guernsey "Guernsey Desk") [Hong Kong Desk](https://vardags.com/international/hong-kong "Hong Kong Desk") [India Desk](https://vardags.com/international/india "India Desk") [Italy Desk](https://vardags.com/international/italy "Italy Desk") [Jersey Desk](https://vardags.com/international/jersey "Jersey Desk") [Kuwait Desk](https://vardags.com/international/kuwait "Kuwait Desk") [Republic of Ireland Desk](https://vardags.com/international/republic-of-ireland "Republic of Ireland Desk") [Liechtenstein Desk](https://vardags.com/international/liechtenstein "Liechtenstein Desk") [Luxembourg Desk](https://vardags.com/international/luxembourg "Luxembourg Desk") [Malaysia Desk](https://vardags.com/international/malaysia "Malaysia Desk") [Malta Desk](https://vardags.com/international/malta "Malta Desk") [Mauritius Desk](https://vardags.com/international/mauritius "Mauritius Desk") [Monaco Desk](https://vardags.com/international/monaco "Monaco Desk") [Netherlands Desk](https://vardags.com/international/netherlands "Netherlands Desk") [New Zealand Desk](https://vardags.com/international/new-zealand "New Zealand Desk") [Oman Desk](https://vardags.com/international/oman "Oman Desk") [Russia Desk](https://vardags.com/international/russia "Russia Desk") [United States of America Desk](https://vardags.com/international/united-states-america "United States of America Desk") [Portugal Desk](https://vardags.com/international/portugal "Portugal Desk") [Poland Desk](https://vardags.com/international/poland "Poland Desk") [Qatar Desk](https://vardags.com/international/qatar "Qatar Desk") [Saudi Arabia Desk](https://vardags.com/international/saudi-arabia "Saudi Arabia Desk") [Scotland Desk](https://vardags.com/international/scotland "Scotland Desk") [Singapore Desk](https://vardags.com/international/singapore "Singapore Desk") [South Africa Desk](https://vardags.com/international/south-africa "South Africa Desk") [Spain Desk](https://vardags.com/international/spain "Spain Desk") [Switzerland Desk](https://vardags.com/international/switzerland "Switzerland Desk") Related Guides -------------- [Enforcing a nuptial agreement](https://vardags.com/law-guide/nuptial-agreements/enforcing-a-nuptial-agreement "Enforcing a nuptial agreement") [Is your nuptial agreement invalid? The vitiating factors which undermine a contract](https://vardags.com/law-guide/nuptial-agreements/vitiating-factors "Is your nuptial agreement invalid? The vitiating factors which undermine a contract") [What are prenuptial agreements?](https://vardags.com/law-guide/nuptial-agreements/prenuptial-agreements "What are prenuptial agreements?") Glossary Reference ------------------ ### Brussels II treaty A European Union regulation setting out the rules on jurisdiction applicable to member states in the European Union. ### Supreme Court The highest court in the United Kingdom. The court hears cases on appeal from the Court of Appeal, and generally only hears cases which have important ramifications for the rest of the law. The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you. What our clients say -------------------- Vardags were outstanding throughout my divorce. They were incredibly supportive from the very first meeting & when my mother passed away a month into the proceedings they were so kind & understanding. Amanda Allen I am so happy I got to make the call to Vardags first! Excellent service. Whole team of forensics that I would have been totally lost without. I really cannot thank you enough for a perfect outcome to a complicated and not easy... case. Your care throughout was amazing. Christina Wolff Thanks to their tireless efforts, I walk away from this episode free to move on with both my career and my life in peace. Cliff Krause I cannot thank Gareth, Kate, Claire and all the team at Vardags enough for their excellent expertise and professional approach to my divorce case. They have helped me reach a successful conclusion to a process to which I could... see no end. The last three years have been the most traumatic of my life. Their calm and thorough approach and attention to detail reassured me that I was in the best capable hands.They gave me realistic expectations but yet exceeded them. They have definitely lived up to their name of being a top divorce and family law firm. S. Gasparini The team who supported my case at Vardags over several months, led by Nikki Hale (Senior Associate), were outstanding. Nikki navigated me through unchartered territory with expert counsel. It was a blend of confidence, honesty... and objectivity with my best interests always in mind. Further to the professional qualities Nikki and her team possess, they were so personable and I felt they really appreciated and considered any emotional or sensitive matters. I have since recommended Niki and Vardags to friends which is the greatest compliment I can pay. Philip Rogers What should have been the worst year of my life was resurrected by this firm. The Manchester based team of Anne-Marie Bradley and Kate Taylor were exceptional. They treat you as a human being rather than a client. I can't thank... them enough for all their expertise, choice of barrister and expert witness. If I am ever unlucky enough to repeat this horrible episode, they will be my first port of call. Can't recommend these two enough. Mark Gallagher OUR LEADERSHIP TEAM ------------------- [### Ayesha Vardag](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [### Stephen Bence](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [### David Lister](https://vardags.com/solicitors/london/david-lister "David Lister") [Founder & President](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [Senior Partner and Head of London Family - Divorce & Family](https://vardags.com/solicitors/london/david-lister "David Lister") [### Ayesha Vardag Founder & President ](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family")"Ayesha Vardag - Britain's top divorce lawyer." The Telegraph [### Stephen Bence Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO")"Dr Stephen Bence is a financial genius." Lewis Marks KC [### David Lister Senior Partner and Head of London Family - Divorce & Family ](https://vardags.com/solicitors/london/david-lister "David Lister")"Brilliant with a real spark which clients love" Legal 500 [Meet the rest of the team](https://vardags.com/team) [Vardags climbs ranks of UK's biggest firms in The Lawyer's UK 200](https://vardags.com/posts/vardags-london-climbs-ranks-of-uks-biggest-firms-in-the-lawyers-uk-200)