Holiday homes, foreign bank accounts, overseas investments or a property in your home country all add a layer of complexity to a divorce. The key point many people miss is that if your divorce is dealt with in England & Wales, the court can take your worldwide assets into account – wherever they sit. A prenup can help set out how overseas assets should be treated, though cross-border enforcement needs some care because an English agreement is not automatically recognised abroad. This guide explains how overseas assets are dealt with, what a prenup can do, and how to plan across borders so your intentions actually hold.
Overseas assets count too
An English court decides a financial settlement on the basis of the couple's total resources, and that includes property, accounts, businesses and investments held abroad. You cannot keep a foreign asset out of the picture simply because it is overseas – it should always be part of your financial disclosure. Leaving foreign assets off the schedule risks the same problem as any other hidden asset: it can undermine the whole agreement. See how assets are divided on divorce.
What a prenup can do
A prenup can record how foreign property and overseas assets are to be treated – for example, keeping a property you owned abroad before the marriage as your separate property, or setting a fair approach to an overseas investment. This gives an English court a clear steer on your intentions, exactly as it would for a domestic asset. List each foreign asset with a value, the currency, and its location in your disclosure schedule.
The enforcement question
Here is the complication. An English prenup may not be automatically recognised in the country where an asset physically sits, and many countries have their own marital-property regimes – community-of-property systems, for instance – that treat spouses' assets very differently from English law. So even a well-drafted English agreement can meet resistance abroad. Where significant foreign assets are involved, it is often worth:
- taking local legal advice in the country where the asset is held;
- putting a matching or mirror agreement in place there, valid under local law;
- checking which country would actually hear a divorce – jurisdiction can be contested in international marriages.
For related issues, see will a UK prenup be recognised abroad?, international prenups, and prenups for expats.
Fairness still governs
As always, the agreement must be fair and cannot leave a partner in need (see are prenups legally binding?). For couples with international lives – a foreign spouse, dual homes, or assets in more than one country – a clear English prenup plus coordinated local advice is the strongest combination.
Overseas assets in a prenup: what to do
For overseas assets in a prenup, the rule is disclose everything and plan across borders. An English court can take worldwide assets into account, so list foreign property and accounts in your disclosure and record how they should be treated. Because an English agreement may not be automatically recognised where the asset sits, it is often worth taking advice in that country too – and sometimes putting a matching agreement in place there.
Why an English prenup still matters: Radmacher
Even for international couples, an English prenup carries real weight if your divorce is heard here, because of Radmacher v Granatino (2010) – a case that itself involved an international couple and a German agreement. The Supreme Court held that a court should give effect to a freely made, fair agreement unless it would be unfair to hold the parties to it. A prenup is not automatically binding – the court keeps its discretion under the Matrimonial Causes Act 1973, and needs come first – but an agreement made with disclosure of worldwide assets and independent legal advice on both sides is exactly what an English court will respect. The complication is not the weight of the agreement here, but whether it can be enforced against an asset sitting abroad.
A worked example: a property in another country
Imagine one partner owns an apartment in Spain, bought before the marriage. If the couple divorce in England, the court will take the apartment’s value into account as part of the worldwide picture, and a prenup can record it as separate property. But if enforcement is needed against the apartment itself – a transfer or sale – local Spanish law and courts come into play, and they may treat marital property quite differently. That is why a matching or “mirror” agreement valid under local law, prepared with a local lawyer, is so valuable: it gives your intentions effect where the asset actually sits, rather than relying on a foreign court to honour an English document.
Jurisdiction: which country hears the divorce
For international couples, a crucial and often-overlooked question is which country’s courts will decide the divorce at all. Different countries apply very different rules – some operate community-of-property regimes that split marital assets equally by default, others give judges wide discretion as England does. Because the outcome can vary dramatically, jurisdiction is sometimes contested, with each partner preferring the system that favours them. A well-drafted prenup can express which law and jurisdiction you intend to govern your agreement, though it cannot by itself guarantee where a future divorce will be heard. For the surrounding issues see international prenups, prenups for expats and getting married abroad.
Currency, valuation and moving assets around
Overseas assets bring practical wrinkles beyond the legal ones. Values in foreign currency move against the pound, so a property worth a certain amount in euros or dollars can look quite different in sterling by the time it matters – record the value, the currency and the date in your disclosure schedule, and treat the sterling figure as a snapshot. Foreign assets can also be harder to value and verify, and moving money across borders can carry tax consequences in more than one country. A review clause helps keep the picture current, and for anything substantial it is worth involving an adviser who understands both jurisdictions (see how to value your assets). The golden rule remains disclosure: an English court expects to see everything, wherever it sits.
A short checklist for overseas assets
- Disclose every foreign asset – property, accounts, investments, businesses – with value, currency and location.
- Record how each should be treated in the English prenup.
- Take local advice in the country where a significant asset sits.
- Consider a mirror agreement valid under local law for the strongest protection.
- Think about jurisdiction – which country might hear a future divorce.
For couples with international lives, see prenups with a foreign spouse, will a UK prenup be recognised abroad? and prenups and a spouse visa.
Community-of-property countries and different regimes
One of the biggest surprises for international couples is how differently other countries treat marital property. Many civil-law jurisdictions – France, Spain, much of Latin America and elsewhere – operate a community-of-property regime, under which assets acquired during the marriage are automatically owned jointly and split equally on divorce, regardless of whose name they are in. Others let couples choose a regime when they marry, effectively a form of prenup baked into the marriage contract. England & Wales does neither: there is no automatic marital regime here, and a court instead exercises wide discretion under the Matrimonial Causes Act 1973 to reach a fair outcome. This mismatch is why an English prenup and a foreign marital-property regime can pull in different directions, and why a UK prenup may not be recognised abroad without a matching local agreement. If you married under a particular foreign regime, or expect a divorce could be heard abroad, that regime may shape the outcome as much as anything you sign here – see international prenups and getting married abroad.
Moving abroad, or home, during the marriage
Cross-border life is rarely static, and a move partway through a marriage can change which country’s courts would hear a divorce and which law would apply. A couple who sign an English prenup and later relocate to another country may find that, by the time any divorce arises, the local courts have a strong claim to jurisdiction and their own rules on marital property. The reverse is also true for expats returning to England. A well-advised agreement anticipates this: it can express your intended governing law and jurisdiction, and a review clause lets you refresh the position if you move. Where a significant asset or a likely future home is abroad, coordinating your English prenup with local advice – and ideally a mirror agreement valid under local law – is the surest way to make your intentions travel with you. For couples where one partner is not British, see prenups with a foreign spouse and prenups and a spouse visa.
Overseas assets prenup FAQs
Does an English prenup carry weight for international couples?
Yes, if the divorce is heard here – since Radmacher v Granatino (2010) a fair, well-disclosed agreement is given real weight (see are prenups legally binding?).
Can my prenup say which country’s law applies?
It can express your intended governing law and jurisdiction, though it cannot guarantee where a future divorce is heard (see international prenups).
Are overseas assets included in a UK divorce?
Yes – an English court considers worldwide assets (see how assets are divided).
Will my UK prenup be recognised abroad?
Not automatically – see will a UK prenup be recognised abroad?
Should I get a separate agreement in the other country?
Often yes – a mirror agreement valid under local law strengthens protection (see international prenups).
What if my spouse is from another country?
Cross-border rules and jurisdiction become important (see prenups with a foreign spouse).
Do I need to disclose foreign bank accounts?
Yes – all worldwide assets belong in your disclosure, or the agreement can be weakened (see full and frank disclosure).
Create your prenuptial agreement online
UK Prenup lets couples in England & Wales create a clear, fair prenuptial agreement online from £199, with your document generated instantly as a PDF. See how it works or get started.
UK Prenup is not a law firm and does not provide legal advice. A prenuptial agreement in England & Wales is not automatically binding, and both partners should take independent legal advice before signing.