International Family Law UK

Will my prenuptial agreement be valid if I move to England?

Pre-nuptial, post-nuptial and separation agreements are contracts made by couples before or during their marriage that are intended to govern their financial arrangements if the relationship ends. More and more couples are now choosing to enter into pre-nups.

Prenuptial agreements are upheld in England and Wales upon divorce if is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.

If you anticipate that during your marriage you and your spouse may reside in England and Wales, or if you already have links to this country, contact us to take advice on whether your draft prenuptial agreement will be likely to be upheld in this jurisdiction.

If you already have a prenuptial agreement, bear in mind that it needs to be fair at the point of divorce if it is to be upheld.  Consider whether your agreement needs updating by way of a “post nuptial agreement” to make it compliant for use in England and Wales.

Katie Rainscourt, managing partner at Rainscourt Law LLP, has been interviewed by Lexis on the topic of prenuptial agreements, which is reproduced below.   This article was first published on Lexis®PSL Family on 13 March 2014.  ‘Can_appropriate_reviews_make_pre-nups_stick’