French Pre-marital Agreements can be valid in the UK
5 January 2023
A Family Court has recently held that a document signed in France, similar to a Pre-marital Agreement, prior to the parties marrying in 1994, should be upheld, in considering their financial arrangements on subsequent divorce.
The parties signed the Agreement in France, shortly before their marriage in 1994. They moved to London in 1994 and the marriage broke down in 2020. The wife applied for a lump sum and an annual amount for herself and the children. The husband drew the court’s attention to the Pre-marital Agreement and stated that the parties had run their financial lives in accordance with the agreement.
In the UK, Pre-marital Agreements are governed by the case of Radmacher v Granatino in 2010, which ruled that “the court should give effect to a nuptial agreement 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”.
The wife argued that previous case law had stated that where there was no independent legal advice and full disclosure, it may be unusual for a party to be taken to have freely entered into the pre-marital agreement with a full appreciation of the implications. However, this was dismissed as it was felt that the agreement did satisfy the Radmacher test. The Judge in the case stated “those who sign marriage contracts must understand that it is a significant step with very important consequences.
These contracts will be enforced in France and will not simply be torn up in this jurisdiction”.
It is important to carefully consider the terms of any pre-marital agreement as you may be held to it in a subsequent divorce.
If you require advice in relation to Pre-marital Agreements or any other family issue then please contact our experienced Family Team on 01302 341414 or 0114 272 1884, alternatively, you can fill out our online enquiry form.
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