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US Prenup vs UK Law: What Couples Need to Know

Financial Times Companies •
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U.S. couples who relocate to London face uncertainty when their U.S. prenuptial agreement meets English courts. The court applies English law, not the U.S. state’s law, and treats prenuptial agreements as a form of contract that can be upheld only if fairness and disclosure criteria are met.

Key criteria include: a fair negotiation process, no undue pressure, independent legal advice for each spouse, and full financial disclosure. The court then assesses whether the agreement remains fair at the time of divorce, considering housing costs in the new locale.

These rules create a new demand for cross‑border legal services. Law firms like Farrer & Co. LLP report a 15% rise in consultation requests from U.S. expatriates last year, while U.K. financial‑services firms see a 10% uptick in asset‑management advisory work tied to expatriate relocation.

Couples should secure English‑law counsel, review the U.S. prenup for Wes integration, and consider drafting a supplemental agreement that aligns with both jurisdictions to protect assets and maintain enforceability.