Foreign prenuptial recognition in UK | LegaMart

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QuestionApr 29, 2022 - 8:56

Foreign prenuptial recognition in UK

My husband and I concluded a prenuptial agreement in Australia. Is this agreement binding in the UK?

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Apr 29, 2022 - 14:07

As far as I know prenuptial agreement are not totally binding in UK but you could uphold them in court. According the landmark Supreme Court decision in Radmacher v Granatino 2010 [2010] UKSC 42 the use of PNAs in the UK has grown rapidly. In Radmacher, the court said:- “The court should give effect to a nuptial agreement [PNA] that 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”.

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Apr 29, 2022 - 18:07

If the agreement lays out only the marital conditions as well as potential divorce settlement conditions it is binding in the UK. It doesn't matter where it's signed. However, if the agreement includes a paragraph regarding the law or which law is applicable or under which law the agreement is governed then again it is binding in the UK but the enforcement and dispute of it will be under the ASTL law. Where did you marry and are you a UK citizen?

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