Client Question:
My husband and I are Russian and had been living in England for eight years where we got married. We have since moved to Switzerland with my husband’s work and it is likely we will move internationally several more times in the years to come, which is a requirement of my husband’s employer. Whilst I am happy to follow him for his work, I am concerned that I am not building up any money of my own. Is there an agreement that we can sign that will protect me if we were to separate and the agreement would be recognised internationally?
Brookman’s Answer:
You are quite right that you need some security. If you and your husband were to separate, it is anyone’s guess which country you might be in at the time and which laws would apply. It would probably be in both your interests to have a postnuptial agreement. Generally speaking these are recognised internationally. Some countries have different technical rules, but I think we could draft an agreement under English law. Of course you and your husband may not separate at all, and you hope that you will never use the agreement. However, just having the agreement is reassuring and may in fact strengthen the trust in your marriage, so I hope that your husband would be receptive to the idea.