David Hodson on the international implications of Radmacher

Marital agreements after Radmacher for international families

The Supreme Court decision in Radmacher on 20 October 2010 was always going to have significant impact in the international family community. And so it has proven. The decision brings England and Wales much closer to the law and practice of many other countries. It gives much greater confidence to foreign lawyers and their clients that a foreign marital (including premarital) agreement especially after independent advice will be upheld on an English divorce. England will look more at foreign law to determine the effect the parties intended when entering into a foreign agreement. England will still only apply local law English law not applicable law but this is what occurs in many other countries with which England is close even if not the preference of the Euro bureaucrats. Of course it does not make marital agreements binding in law - only Parliament can do so and probably will in the next four years following Law Commission proposals expected...

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