Pre-nuptial agreements are still relatively unusual in England. They are much more common and accepted on the continent, for example in countries like Germany, Sweden or France. In Germany, for example, a marriage contract can be signed by both parties in the presence of a German notary before, during or after the marriage. Such a contract will be binding on both parties and should therefore only be entered into after having carefully considered its contents.
Pre-nuptial agreements are not yet fully binding in England. English Judges still have the right to make orders that deviate from what is stated in a pre-nuptial agreement even if the agreement was executed abroad by foreigners. However, the recent decision of the English Supreme Court in the case of the German heiress Katrin Radmacher and her French husband Mr Granatino shows that there is a trend that those pre-nuptial agreements that were “fair” at the time they were entered into and are still “fair” by the time the parties divorce, will be upheld.
We have over ten years of experience in advising clients on whether (or not) to enter into pre-nuptial agreements and if so, how to negotiate them and how to ensure that English Courts will uphold them. Being dual qualified (German/English) we understand how countries on the continent deal with pre-nuptial agreements and we can advise you on what should be done to ensure that they will be upheld in England and abroad. Lastly, we understand that talking to your partner about a pre-nuptial agreement or to resist entering into a pre-nuptial agreement can be difficult. We are here to help you with this.
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