Anglo French Prenuptial Agreements

FRENCH VERSION / VERSION FRANÇAISE

It is important to take advice on the value of a French marriage contract here in England, as the law in England and Wales works very differently to French family law, and also on how an English prenuptial agreement might apply abroad. These questions affect international couples.

Our team frequently advises on the important choices available in this area. This will include how to choose the best agreement in the right jurisdiction. Our clients, who are ever-more mobile across borders, also seek our advice on how to maximise the chances of their agreement being upheld internationally.

We frequently advise couples on drafting prenuptial, or indeed postnuptial, agreements, and we can help you to agree the terms of such an agreement. We also work closely with our Private Client team to advise you in relation to tax and succession planning.

We can also advise you on your position and best options if you already have a French marital contract, or if you plan to get married in France or to register your marriage with the Consulate here.

Key facts about English prenuptial agreements and French marriage contracts

• The role of an English prenuptial agreement is to protect the parties on breakdown of a marriage. Marital contracts in France can have a wider purpose to include provision for insolvency and on death.
• In France, a French contract is automatically applied even if the parties forget to write a contract, because one is applied by default.  In England, if the parties do not make an agreement - they will be subject to the discretion of the English family court.
• An English court will have the final say on whether to uphold the English agreement, but these agreements are now given more weight following recent court decisions. French marital contracts are gaining more recognition before the English courts, and the same is happening in the French courts where they are being asked to uphold Anglo-Saxon type agreements.
• Careful drafting is required to maximise the chances of an agreement being upheld across different jurisdictions.

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For more information in relation to Anglo-French cases please contact Charlotte Bradley or a member of our team on +44 (0)20 7814 1200.