David Hodson on International Family Law: Worldwide qualifying conditions for marital agreements

One of the good recommendations from the recent English Law Commission report into marital agreements was that foreign marital agreements should be given equal weight and binding status under English law if they accorded with the same minimum qualifying conditions as required for English marital agreements.  It will not matter they also satisfy other country's qualifying conditions either if more onerous or just different.  What matters is that the qualifying conditions under English law are satisfied.

Some may regard the qualifying conditions as reasonable: no duress or misrepresentation reasonable level of disclosure a reasonable period before the wedding ceremony legal advice and similar.  No heavy duties of disclosure.  No particular forms.  Qualifying conditions which can be understood in many countries.

This is an opportunity which...

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