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Franco-British Family Relationships: Top Tips à savoir
Claire Wood
Francophone couples living in England or those who own assets here may be surprised at the differences between a standard English prenuptial agreement and the ‘contrats de mariage’, which are so common across continental Europe.
There are several reasons why Francophone couples may decide to enter into an English prenuptial agreement. For example, one or both of them may live and/or work in England; they may have extensive assets and/or family wealth situated in England; or they may intend to relocate to England at some point during the marriage. In all such cases, it is imperative to consider whether these parties should be entering into an English prenuptial (or even postnuptial) agreement to better protect their existing assets and regulate how assets may be shared on divorce.
The benefit of an English prenuptial agreement compared to their continental European counterparts is that these documents, while not enshrined in statute, can be precisely tailored to the relevant couple’s exact circumstances, needs and priorities. With the benefit of expert legal advice, a couple should be able to alight on a framework which suits their life and marriage rather than selecting from a range of default matrimonial ‘regimes’. The obvious consequence of this is that the negotiating and drafting of English prenuptial agreements can often take much longer and may be more expensive in terms of an overall process. Here are some key points to consider to ensure that the process is streamlined as possible:
As you will appreciate, taking specialist advice from a family lawyer is vitally important to ensure that your prenuptial agreement, wherever it is signed, is tailored to your circumstances and will offer the desired level of protection, clarity and certainty of outcome.
If you have any questions regarding this blog, please contact Nevin Rosenberg in our Family & Divorce team.
Nevin Rosenberg is an Associate in the Family Team. She joined Kingsley Napley in 2022 after training and qualifying into the Family Team at Withers.
Family relationships involving international couples can be complex and the need for cross-border planning and an understanding of other jurisdictions is critical for family lawyers working in London. Claire Wood helps clients to understand some of the differences in approach across the channel.
Francophone couples living in England or those who own assets here may be surprised at the differences between a standard English prenuptial agreement and the ‘contrats de mariage’ which are so common across continental Europe.
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We are seeing that most HNW advisors regularly signpost clients to the importance of entering into a prenuptial agreement prior to marriage. From our perspective, prenuptial agreements have been rising in popularity, in particular following the 2010 Supreme Court judgment in Radmacher v Granantino, and rightly so. These agreements offer a useful planning tool and can, when drafted appropriately, remove the uncertainty and conflict of contentious divorce proceedings. Alongside the pre-wedding planning, it is important to recognise the need for legal agreements prior to the start of other relationships, or before an international relocation. A prime example of this, which we are seeing more frequently in our practice, is in relation to the French PACS status.
Kingsley Napley represented the applicant parents in the case of Mr and Mrs K v Mr and Mrs Z [2025] EWHC 927 (Fam). The High Court judgment offers importance guidance for those who are intending on entering into a surrogacy arrangement in the future.
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It is now 15 years since the UK Supreme Court gave its judgment in Radmacher v Granatino [2010] UKSC 42 on the use and effect of prenuptial (premarital) contracts.
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It is now some fifteen years since the UK Supreme Court gave its landmark decision in the case of Radmacher v Granatino [2010] UKSC 42 on the use and effectiveness of prenuptial agreements.
It is some 15 years since the landmark decision of the Supreme Court in Radmacher v Granatino [2010] UKSC 42 changed the law on prenuptial agreements.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
Or call +44 (0)20 7814 1200
Claire Wood
Nevin Rosenberg
James Bell
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