With the rise of global mobility, couples are increasingly choosing to live international lifestyles, often owning property in multiple jurisdictions. To ensure clarity and certainty in the event of divorce, a prenuptial agreement can be a valuable tool. However, the complexities of international prenups can be daunting, especially when dealing with the differing legal systems of common law and civil law jurisdictions.

Writing in the Sweet & Maxwell Private Client Business journal, partner Mark Harper and senior associate Rachael Burton discuss the challenges of creating an internationally recognised prenup, exploring the differences between English, Swiss and EU law approaches to asset division and spousal maintenance. They provide insights into the factors to consider when crafting a prenup that can withstand legal scrutiny in multiple countries, as well as the potential pitfalls and strategies to avoid.

Mark and Rachael’s article can be found here.

This material was first published by Thomson Reuters, trading as Sweet & Maxwell, 5 Canada Square, Canary Wharf, London, E14 5AQ, in Private Client Business (2024, Issue 4), and is reproduced by agreement with the publishers. For further details, please see the publishers’ website.