Can We Get a Prenuptial Agreement in England if We Are Getting Married Abroad?

If you are based in England and Wales but are planning to get married abroad, you may be wondering whether you can obtain a prenuptial agreement before tying the knot. 

Prenuptial agreements, also known as prenups, are legal documents that outline how a couple’s assets will be divided in the event of a divorce or separation. 

While not automatically legally binding in England and Wales, prenups can provide clarity and protection for both parties entering into a marriage.

In this article, we explain everything you need to know about prenups if you are getting married abroad.

Benefits of a Prenuptial Agreement

There are several key benefits to having a prenuptial agreement in place before getting married:

• Protection of individual assets

A prenup can ensure that each party’s pre-marital assets, such as property, savings and investments, remain under their control in the event of a divorce.

• Clarity on financial responsibilities

The agreement can outline how financial responsibilities, such as debt and spousal maintenance, will be handled during the marriage and in the event of a separation.

• Reduction of conflict

By clearly defining the division of assets and responsibilities upfront, a prenup can help reduce the potential for conflict and lengthy legal battles in the event of a divorce.

• Customisation to unique circumstances

Prenups can be tailored to address the specific needs and concerns of each couple, taking into account factors such as children from previous relationships, business ownership and international assets.

Getting a Prenuptial Agreement in England and Wales

If you are planning to get married abroad but want to obtain a prenuptial agreement in England and Wales, it is entirely possible to do so. The process involves the following steps:

1. Seek independent legal advice

Each party should engage their own solicitor to ensure that their interests are protected and that they fully understand the terms of the agreement.

2.  Disclose financial information

Both parties must provide full disclosure of their assets, liabilities and income to ensure that the prenup is fair and reasonable.

3. Draft and review the agreement

The solicitors will work together to draft the prenuptial agreement, which should be reviewed carefully by both parties before signing.

4. Sign the agreement 

The prenup should be signed well in advance of the wedding date to avoid any suggestion of duress or undue influence.

Considerations for International Marriages

When getting married abroad, there are additional considerations to keep in mind when obtaining a prenuptial agreement in England and Wales:

• Jurisdiction

It is important to ensure that the prenup is drafted in accordance with the laws of the country where the marriage will take place, as well as the laws of England and Wales.

• Enforceability

While prenups are not automatically legally binding in England and Wales, the courts are increasingly likely to uphold them if they are deemed fair and reasonable. However, the enforceability of the agreement may vary in other countries, and it is therefore important to seek advice on this aspect at the outset fro  not only a solicitor in England and Wales but lawyers from the other jurisdictions.

• Translation

If the prenup is drafted in a language other than English or Welsh, it may be necessary to obtain a certified translation to ensure that both parties fully understand the terms of the agreement.

• Regular review

As with any legal document, it is advisable to review the prenup regularly, particularly if there are significant changes in circumstances, such as the birth of children or the acquisition of new assets.

At Goodwins Family Law, we understand the importance of protecting your assets and providing clarity in your relationship. Our experienced solicitors can guide you through the process of obtaining a prenuptial agreement tailored to your unique circumstances, whether you are getting married in England and Wales or abroad.

To learn more about how we can help you safeguard your future, please contact us today to schedule a consultation.