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Cross-Border Property Matters – International Enforcement Of Marital Agreements

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In September 2018, MST Lawyers’ special counsel, Amanda Humphreys, attended the European Chapter meeting of the International Academy of Family Lawyers (IAFL). Amanda was a panellist where she spoke about the international enforcement of marital agreements.

The panel of expert lawyers from New York, Germany, France, England and Australia (presenting in hats from their countries!) chaired by Suzanne Kingston of Withers, London, discussed questions including:

  • The extent to which pre and post-nuptial agreements are binding in each jurisdiction;
  • The formalities which must be complied with in each country to give effect to a pre or post-nuptial agreement;
  • The extent to which pre and post-nuptial agreements can be challenged in each jurisdiction;
  • The extent to which foreign agreements may be upheld; and
  • The weight given by courts in each country to a choice of court or choice of law provision in a pre or post-nuptial agreement.

For more information, please email our Family Law team or call us on +61 3 8540 0200.