Prenuptial Law in Europe, Australia and the UK

by admin on July 27, 2011

The rocky terrain of international prenuptial agreements is constantly changing.

The Hague Convention on the Law Applicable to Matrimonial Property Regimes of 1978 drafted provisions which addressed the problems of international prenuptial agreements. The provisions designated which country’s laws would govern the validity and enforcement of the international prenuptial agreement. The Hague Convention was signed and implemented by five countries: Austria, France, Luxembourg, Netherlands, and Portugal.

In a similar fashion, Australia recently passed the Family Law Act in 1975. The Act states that a prenuptial agreement will be valid in Australia if and only if the agreement meets the Australian validity requirements (e.g. must be signed by all parties).  The United Kingdom recently experienced a rather significant policy change in regards to international prenuptial agreements. The United Kingdom Supreme Court recognized the validity of an international prenuptial agreement. In Radmacher v. Granatino, the Supreme Court upheld a prenuptial agreement between a German heiress, Katrin Radmacher and her French ex-husband, Nicolas Granatino.

Couples who are interested in signing prenuptial agreements should seek a vigilant attorney whom is up to date with recent changes to prenuptial agreement laws. As Thailand prenuptial agreement attorneys, we have experience assisting clients to aim for the best possible outcome with their international agreement.

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