The role of international pre and postnuptial agreements in English divorce proceedings
Associate Maria Airey explains how English courts approach international pre and postnuptial agreements, and when an overseas agreement may be upheld in divorce proceedings.
When couples marry, especially across borders or with international assets, the legal planning around their financial futures becomes increasingly important. One of the most powerful tools in this context is the prenuptial (before marriage) or postnuptial (after marriage) agreement. But many people wonder: If we signed a nuptial agreement in another country, will it hold up in an English court if we divorce here?
The short answer: It may not be automatically binding, but it can carry significant weight.
The English court’s approach
In England and Wales, the court has a wide discretion to make financial orders upon divorce. This means that even if you've signed a nuptial agreement—whether at home or abroad—it won't override the court's ability to decide what’s fair at the time of divorce.
However, the Supreme Court case of Radmacher v Granatino (2010) marked a turning point. The court ruled that a nuptial agreement should be upheld unless it would be unfair to do so.
This includes agreements made abroad—international pre- and postnuptial agreements—as long as certain conditions are met.
What makes an international agreement persuasive?
An English court will assess several factors to decide whether to give weight to an overseas nuptial agreement. These include:
- was each party properly informed and advised? Independent legal advice is essential. If the agreement was signed without understanding its impact, the court may disregard it
- was there full and frank disclosure of assets? Hiding assets or entering into an agreement without full knowledge of each other's finances can undermine its validity
- was it entered into freely? If there was any duress, pressure, or lack of time to consider the agreement, that can weigh against its enforceability
- does it meet needs? An agreement that leaves one party in financial hardship—especially where there are children involved—may be set aside or modified
- which country has the closest connection? If both parties are now living in England, or there are strong links here (such as children being educated in England), the English court is more likely to assume jurisdiction
English proceedings: what actually happens
Even when a valid international agreement exists, financial remedy proceedings in England are not avoided altogether. The agreement forms part of the evidence the court considers.
- One party applies for financial remedy orders
- The agreement is disclosed, and its terms are reviewed
- The court assesses whether it meets fairness criteria under English law
- If upheld, the court may make an order mirroring the agreement—or something close to it
- If not upheld fully, the court will still use it as a benchmark or guide.
In many cases, having a clear, well-drafted agreement reduces litigation, narrows issues, and supports settlement
Should you have an international pre or postnuptial agreement?
If you are:
- an international couple with assets in more than one country;
- planning to marry abroad but expect to live in the England;
- already married and considering protecting future wealth; or
- concerned about what would happen in the event of divorce in England,
an international nuptial agreement is a sensible step to protect your interests.
Even if it is drafted under foreign law, having it reviewed (or mirrored) by an English solicitor can ensure it stands the best chance of being recognised by an English court.
At a time when people and their finances are more mobile than ever, international nuptial agreements provide clarity, certainty, and protection. While they aren’t bulletproof in English law, they are increasingly respected, especially when properly drafted and fairly negotiated.
If you’re in an international relationship or facing divorce in England with an overseas agreement in place, don’t leave your financial future to chance. Seek early legal advice from a solicitor who understands both English law and cross-border family issues.
About Maria
Maria Airey is an associate in the family and children team, specialising in all aspects of private family law including divorce, financial disputes, pre and post nuptial agreements and children matters.
Get in touch
If you would like to speak with a member of the team you can contact our family and children solicitors by telephone on +44 (0)20 3826 7520 or complete our enquiry form.
