Marital agreements and matrimonial property

Jens M Scherpe
University Senior Lecturer University of Cambridge and Academic Door Tenant QEB London

This article briefly summarises the key findings of an international comparative research project on matrimonial property and the financial consequences of divorce with particular regard to pre-nuptial post-nuptial and separation agreements funded by the British Academy and published as J Scherpe (ed) Marital Agreements and Private Autonomy in Comparative Perspective (Hart Publishing 2012). It describes and analyses the approaches to these topics in 14 European and non-European jurisdictions. With regard to marital property the article concludes that the overwhelming majority of jurisdictions exclude pre-marital property gifts and inheritances from sharing in the event of divorce but that at the same time all jurisdictions have a system in place to cover needs and to a certain extent compensation. With regard to marital agreements it can be said that after Radmacher (Formerly Granatino) v Granatino [2010] UKSC 42 [2010] 2 FLR 1900 all jurisdictions analysed now also follow similar patterns ...

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