Why understanding foreign language legal documents matters in cross border prenuptial agreements

Kuba Kubiszyn, Polish‑speaking family solicitor at Holmes & Hills, explains why understanding legal documents in another language is essential when dealing with cross‑border prenuptial agreements.

Understanding your legal documents is crucial to ensure your legal instructions and requirements are met. However, an extra complexity is added when a legal document is drafted in another vernacular to your native language.

With international travel and work opportunities on the increase, naturally, more international relationships and marriages happen. Parties may choose to relocate to one party’s jurisdiction to live closer to family or move to a new jurisdiction altogether. When considering a Prenuptial Agreement, this can mean the parties need to consider their country of domicile, the country in which they intend to live and the assets which could be in another country altogether.  Matrimonial laws vary greatly from one jurisdiction to another and parties will need to choose which law governs their Prenuptial Agreement and understand the impact of the laws of the competing jurisdictions.

Choosing the right jurisdiction

Generally speaking, a prenuptial agreement should be drafted with the rules of the jurisdiction where the couple have the strongest bonds or where they reside following marriage. If the prenuptial agreement is prepared and signed in England or Wales but there are significant assets in another country, it is crucial to take legal advice in that country in respect of the prenuptial agreement. In this circumstance, the respective lawyers in each jurisdiction would need to work together to understand how the law differs in each country. Similarly, a valid prenuptial agreement prepared in one country could also have a matching mirrored prenuptial agreement in another country.  

When you need a postnuptial agreement after moving to England

If parties marry and agree a pre-nuptial agreement abroad but then decide to move to England it may be wise to prepare another document called a postnuptial agreement, which will be similar to a prenuptial agreement but ensuring it complies with English Law. As prenuptial and postnuptial agreements are not binding under English law, the court will consider the what the parties intended by entering into the agreement. Generally, an agreement is considered fair if both parties have had independent legal advice, there has been financial disclosure, no undue pressure or fraud and the agreement is executed properly as a deed.

Navigating prenuptial agreements drafted in a different language

Another issue parties may face with the preparation of a prenuptial agreement in another jurisdiction is the language barrier. Whilst popular translator apps exist, they often may translate inaccurately or not provide a full explanation of the clauses within the document.

At Holmes & Hills, we regularly review drafted prenuptial agreements as well as draft prenuptial or postnuptial agreements.

Polish speaking solicitor for prenuptial and postnuptial agreements

At Holmes & Hills, our specialist family solicitor Kuba Kubiszyn is able to run a client meeting and advise in Polish, which our Polish clients really appreciate. This allows for greater understanding of your prenuptial agreement to ensure it meets your instructions.

We can of course assist with any language with the assistance of an interpreter. Any language barrier should not be a barrier to obtaining and fully understanding legal advice.

Our Family Solicitors at Holmes & Hills are able to review and draft prenuptial Agreements that are across jurisdictions. If we can assist, please do not hesitate to get in touch with the Holmes & Hills Family Department.