Q&As

One party is English and the other Russian. They married in Romania and then moved to a non-EU country for one party’s work, while maintaining assets in England and Romania. Can a jurisdiction clause be included in the parties’ post-nuptial agreement stating that they agree that their divorce is to be dealt with in the courts of England and Wales and/or choice of law provision for the matter to be dealt with under English law? Would the position be different once the UK is no longer subject to EU regulations (ie post-Brexit)?

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Produced in partnership with Tori Adams of 4 King’s Bench Walk
Published on LexisPSL on 04/05/2020

The following Family Q&A Produced in partnership with Tori Adams of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • One party is English and the other Russian. They married in Romania and then moved to a non-EU country for one party’s work, while maintaining assets in England and Romania. Can a jurisdiction clause be included in the parties’ post-nuptial agreement stating that they agree that their divorce is to be dealt with in the courts of England and Wales and/or choice of law provision for the matter to be dealt with under English law? Would the position be different once the UK is no longer subject to EU regulations (ie post-Brexit)?

In cases involving multiple jurisdictions, it may be prudent to seek advice from a local specialist lawyer in each of the jurisdictions with which the parties have a connection as to the implications of a post-nuptial agreement generally and as to jurisdiction clauses and/or choice of law provision specifically. See Practice Note: Marital and civil partnership agreements—international aspects, in particular section: Initial considerations.

It is important that a post-nuptial agreement complies with the requirements of the jurisdiction in which the parties seek for it to be recognised. In England and Wales, it must, inter alia, be entered into freely and without duress with each party being afforded the opportunity to take legal advice. Post the Supreme Court decision in Radmacher (formerly Granatino) v Granatino, the court in England and Wale

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