US-England nuptial agreements
International marital agreements are challenging, especially when dealing with different legal systems such as those of England and the United States, where sometimes the state involved use entirely different processes.
Our team provides specialist advice on the best choices for pre-nuptial and post-nuptial agreements, ensuring they have the best chance of being upheld across borders. Whether you:
- already have a US pre-marital agreement and wish to have a post-marital document,
- are American and planning to marry,
- are planning to marry an American or
- if you wish live in America during your marriage,
we will guide you practically and compassionately through the process.
As well as drafting agreements, we work with either our own Private Client expert lawyers or your trusted advisors to provide the comprehensive advice you need on tax and succession planning to ensure a secure future for your family.
For couples with ties to both England and Wales and the United States, it's crucial to understand the differences between English prenuptial agreements and US pre-marital or marital agreements.
In England, pre-nuptial and post-nuptial agreements are detailed contracts entered into by spouses before or after their wedding to outline their rights and obligations in the event of a divorce. They are often used for protecting assets such as family inheritances, business interests or significant personal wealth.
While not automatically legally binding, English courts are increasingly likely to uphold these agreements, provided they have been entered into freely with full understanding of their implications, there has been an opportunity to take independent legal advice, material financial disclosure has been exchanged and most importantly the agreement itself caters for the needs of both parties.
In the United States, the position varies significantly from state to state. Many states recognise pre-marital agreements as binding if they meet local legal requirements whilst others consider them a circumstance of the case and highly persuasive provided they are fair. However, fairness can mean different things in different states and states often have differing approaches to interpretation, disclosure and other legal formalities. It is really important to take proper advice to ensure there are no nasty surprises about the validity of the agreement on divorce.
Couples need to consider having agreements that are tailored to their specific circumstances and seek legal advice to help ensure those agreements are effective on both sides of the Atlantic.
