Since the landmark decision in Radmacher v Granatino [2010] UKSC 42, [2011] 1 AC 534, English law has recognised the legitimacy of pre-nuptial agreements. As family life becomes increasingly international, the courts regularly encounter a wide variety of agreements, including those signed abroad.
The most common form of foreign agreement is the election of a foreign matrimonial property regime, such as the French séparation de biens or the Italian separazione dei beni. These typically operate to exclude any sharing of assets during marriage and on divorce.
Should such an agreement be treated with the same weight as a bespoke English pre-nuptial agreement, negotiated with financial disclosure and specialist independent legal advice? The answer is less straightforward than it may seem.
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Financial Remedies Journal
https://financialremediesjournal.com/foreign-property-regimes-and-english-matrimonial-finance-parity-or-particularity/