Love knows no borders – but legal systems do. Couples planning marriage often face a mismatch between their romantic plans and the realities of international law. This is particularly relevant when parties have assets, business or property interests in different jurisdictions. What’s enforceable in one country might not be recognised in another.
That’s why international prenuptial agreements matter. At Buckles, we help couples protect their financial legacies, wherever in the world their assets may be.
When different countries play by different rules
Not every country treats prenuptial agreements the same way. In England and Wales, whilst prenuptial agreements are not binding in statute, case law makes clear that they will be upheld providing the agreement is fair, correct process has been followed, there has been full financial disclosure, parties have received independent legal and financial advice and there has been no coercion. These principles have been established since the case of Radmacher and Granatino in 2010.
In France or Germany, a prenuptial agreement (often called a marriage contract) is a standard part of the process and usually holds legal weight, especially if it’s been signed in front of a notary.
In the US, the situation varies from state to state. What works in New York might not work in California, depending on local rules around timing, disclosure, and formality.
So if you or your partner have ties to other countries, maybe a property in Spain, family in Italy, or plans to retire in Portugal, it’s definitely worth making sure your prenuptial agreement is built to travel. The more international your life is, the more your agreement needs to reflect that.
At Buckles our international network allows for seamless consistency.
Where the divorce happens can change everything
Should a couple separate, the choice of jurisdiction does matter as the country where divorce proceedings initiates will generally determine which laws apply. This will have a significant impact on what happens to property, pensions, businesses and income provision.
You might have a choice of jurisdiction depending upon where you live now, where you have lived previously, our pensions, businesses.
So if you’re relying on a prenuptial agreement signed in England and Wales, divorce proceedings commence in another country, or the other way around, you could find yourself in unfamiliar territory.
One agreement might not be enough
Sometimes, the solution is to create what’s known as a mirror agreement, which is, in essence, a second prenuptial agreement that reflects the first, but is drafted in line with another country’s laws. One for England. One for France. One for whichever system might need to recognise it later.
Of course, this needs careful handling. The documents should be consistent but not identical. A good international family lawyer will usually work with foreign legal experts to ensure the agreements don’t accidentally contradict one another.
But don’t worry if your wedding has already happened. You can still put an agreement in place, it’ll just be known as postnuptial agreement. These can be just as useful – especially if your circumstances changed during the marriage. Maybe you’ve moved countries. Maybe one of you has inherited wealth. Maybe marital assets have grown in complexity.
Whatever the reason, it’s never too late to pause and ask: what would be fair if this were ever to end?
Brexit complicated things
Before Brexit, EU-wide rules helped decide which courts would deal with divorces and how decisions would be enforced across borders. Post Brexit, those safety nets are gone which means more uncertainty, slower recognition, and greater potential for disagreements to arise about where and how things should be resolved.
If you’re British and marrying someone from Europe, or living in an EU country, this means planning ahead is more important than ever. Things that used to be automatic now need deliberate planning. Don’t just assume that UK courts will automatically honour a foreign agreement – or that foreign courts will understand a UK one. Build your agreements with your international allegiances in mind, and don’t forget to and revisit them if your circumstances change.
Have the conversation
Love might ignore borders, but the law doesn’t. If you’re marrying someone with ties to another country, or if you’re living, working or owning assets abroad, then the best gift you can give your future selves might be a conversation with a lawyer.
At Buckles, our family law team works hand in hand with international experts across tax, property and private wealth law. We help couples make sense of these decisions, draft agreements that work in the real world, and protect what matters most, with clarity and compassion.
The right plan now can save a world of stress later.
