Planning ahead where a marriage has an international element

When this situation arises

A couple is planning to marry and wants to structure the position rather than litigate later, with assets in more than one country.

The usual sequence

1. Identify where enforcement would realistically be needed, which is where the assets are rather than where the couple lives
2. Confirm the default property regime in each relevant jurisdiction, since agreements are drafted against a default
3. Record the governing law explicitly and satisfy the formalities of each jurisdiction where enforcement may be needed
4. Consider whether a review clause is appropriate, since circumstances change

Where it usually stalls

Planning arrangements fail when they satisfy one jurisdiction's formalities and not the other's. The agreement is then enforceable exactly where it is least needed.

What is realistically achievable

An agreement that is properly formalised in both places is achievable and is far less expensive than the litigation it may prevent. The formalities, not the drafting, are the part that requires attention.

If your situation looks like this

Send the facts in one message: where the marriage was registered, where each party lives now, where any children are, and where the assets are held. That is usually enough to say whether a China route exists before any document is ordered, and there is no charge for that first review.

This note is general guidance on how such matters are usually handled. It is not a report of a specific case and it is not legal advice.

Points to take away

• Identify where enforcement would realistically be needed, which is where the assets are rather than where the couple lives
• Confirm the default property regime in each relevant jurisdiction, since agreements are drafted against a default
• An agreement that is properly formalised in both places is achievable and is far less expensive than the litigation it m