Drafting pre- or post-marital agreements with an international dimension can be a tricky business. Camilla Fusco offers some tips
- Nine points to consider when drafting marital agreements with an international dimension.
- Although the impact of Brexit on international family law is still unclear it is likely that jurisdiction clauses in marital agreements will become increasingly significant in the future.
In an increasingly cosmopolitan world, family lawyers are often required to advise clients from a global perspective. This is especially relevant when drafting a pre- marital or post marital agreement with an international dimension.
There are various reasons why international considerations can arise, for example where the couple have a connection with a foreign country or if they intend to move abroad in the future. Alternatively, they may own assets abroad or be foreign nationals living here on an expatriate basis. The following summarises the position in England and Wales concerning marital agreements and the issues which need to be considered when drafting a marital agreement with an international perspective.
