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International Pre-Nuptial and Post-Nuptial Agreements

International Pre-Nuptial and Post-Nuptial Agreements

Author: David Salter; Charlotte Butruille-Cardew; Nicholas Francis QC; Stephen Grant
Publisher: Family Law LexisNexis
ISBN: 9781846612312
Published In: March 2011
Format: Paperback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

With contributions from a number of IAML fellows, this work looks at the approach to international pre-nuptial agreements and also considers the thornier issues for couples involved in more than one jurisdiction.

In an ever more international world, the issue of divorce often implies a foreign element, resulting from the different nationalities of the spouses , the location of their estates or their country of residence. European Regulation EC 2201/2003 provides for a choice of jurisdictions in divorce matters and this has encouraged the phenomenon of divorce shopping.

Most national laws provide for a contractual regime whereby spouses can organise, to some extent , the financial consequences of marriage breakdown. Often these contractual agreements will be drafted pursuant to the law of the country where the marriage is to be celebrated or/and where the spouses reside. The difficulty in the case of divorce is that such contracts may not be recognised or enforced by another country which may have jurisdiction over the breakdown of the marriage of the parties.

It has therefore become increasingly important to understand the specific requirements of these countries in relation to the recognition and enforcement of the contractual documents involved, in order to ensure their validity in the eventuality of a divorce taking place in one of these countries.

With contributions from a number of fellows of the International Academy of Matrimonial Lawyers (IAML) in jurisdictions such as France, Australia, England, Canada, Switzerland and the United States, this work looks at how each individual jurisdiction approaches pre-nuptial agreements and also considers the thornier issue of agree ments which cover couples involved in more than one jurisdiction.

Table of Cases
Table of Statutes
Table of European Material

Introduction
An Australian Perspective on International Pre-Nuptial Agreements
Pre-Nuptial Agreements in Austria
Pre-Nuptial Agreements in Canada: The Exceptions Make the Rules
A French Perspective on International Pre-Nuptial and Post-Nuptial
Agreements
Pre-Nuptial Agreements under Russian Law
Planning for Divorce under Swiss Law
Pre-Nuptial Agreements under Ukrainian Law
Pre-Nuptial and Post-Nuptial Agreements in the UK (England and
Wales)
The Pre-Nuptial Agreement in the United States of America

Index

David Salter, IAML President, Mills & Reeve LLP
Charlotte Butruille-Cardew, Cabinet CBBC, France
Nicholas Francis QC, 29 Bedford Row
Stephen Grant, McCarthy, Canada
Plus a team of contributors