Premarital agreement & international prenuptial agreement

A prenuptial agreement (prenup) is a contract between two partners who intend to marry. It sets out each person’s rights and responsibilities regarding property, income, debts, and future arrangements.

An international prenuptial agreement is one designed with cross-border situations in mind. It may specify:

• Which law governs the agreement (French, English, New York, etc.).
• Which courts have jurisdiction if disputes arise.
• How property in multiple countries (French apartment, UK pension, US brokerage account) will be divided.
• How spousal support/maintenance will be managed.
• How inheritance rights are managed (especially under French forced-heirship rules vs common-law freedom of testation).

Because without one, your marriage will automatically be governed by the default rules of the country with jurisdiction—and those rules vary widely.

For instance:

In France, if you don’t sign a contrat de mariage, you are married under the default community property regime (“régime légal de la communauté réduite aux acquêts”), which shares property acquired during the marriage equally.

In England, prenuptial agreements are not automatically binding, but courts increasingly uphold them if they are fair and properly drafted.

In many US states, prenups are binding provided there is disclosure, fairness, and no coercion.

For expats or binational couples, the absence of a clear international prenup creates uncertainty, forum-shopping, and expensive litigation.

“Prenups are only for the wealthy.”

False. Even modest assets (a flat, a pension, savings, a family inheritance) can become sources of dispute.

“Prenups mean you don’t trust your partner.”

False. Prenups are about clarity and planning, not distrust. They can strengthen relationships by clarifying expectations.

“We don’t need a prenup in France because we’ll just sign a PACS.”

A PACS (civil partnership) is not the same as marriage, and if you marry later, the default property regime applies unless you opt out.

“Prenups aren’t enforceable in common law countries.”

False. While some places (e.g., England) give courts discretion, prenups are increasingly respected if fairly drafted.

France: Prenups are routine. You sign before a notaire, and choose a marital property regime (community property, separation of property, universal community, etc.). French law places heavy emphasis on clarity and public recording. However, inheritance law (forced heirship) limits how much you can alter via prenup alone.

Common law countries: Prenups are private contracts. Courts uphold them if they are fair, entered freely, and with disclosure and legal advice. They cannot override child custody/child support rules. Judges retain discretion (especially in England).

• Expats marrying abroad.
• Binational couples with property in more than one country.
• Business owners protecting family companies.
• People with inheritances or family wealth.
• Couples with children from prior relationships.
• Anyone who wants certainty across borders.

• Application of unwanted marital property regimes.
• Forum shopping: your spouse could start proceedings in the country most favourable to them.
• Litigation in multiple countries.
• Loss of control over inheritance, spousal maintenance, or asset division.
• Stress, delays, and huge costs.

Because laws differ and change. A lawyer ensures:

• The prenup is valid under the chosen law.
• Both partners have independent legal advice.
• Formalities are followed (notarisation, translations, apostille).
• The agreement is adapted to French and common law realities.
• The prenup anticipates tax, immigration, and inheritance consequences.

 Get it right from the start. Speak with our international prenuptial agreement lawyers to protect your assets and your future marriage. Book an appointment today.

Because different countries have different rules. A prenup valid in France may not be upheld in England unless it meets fairness standards.

• France: Contract-based, predictable, but inheritance rules are strict.
• Common law: More flexible, but judges have discretion.

• Choose governing law and jurisdiction.
• Execute with formalities (notarisation, translations, apostille).
• Sometimes prepare mirror agreements in multiple countries.

Align the prenup with local property records (French indivision deeds, English declarations of trust).

In France, you cannot override children’s reserved shares. In common law countries, you have more freedom but must coordinate with wills.

Prenups can clarify financial independence, which may help with tax residency, visa applications, or benefits. Coordination is key.

Prenups cannot override the best interests of the child principle. Custody and child maintenance are always subject to court review.

Include mediation/arbitration clauses and specify the forum. This reduces forum shopping.

 Think global, act legal. Our firm specialises in international prenups that are enforceable in France and common law countries. Book your consultation today.