In advance of the Law Commission releasing its recommendations on the law relating to prenuptial agreements and marital property regimes, Withers’ family law team has surveyed other countries and how overseas couples approach the issue. The survey reveals that many jurisdictions recognise and embrace the advantages of autonomy and freedom of choice within marriage and its possible breakdown.

Withers family partner Suzanne Kingston explained: “At present, England & Wales doesn’t have legally enforceable marital agreements, so cou...