United Kingdom: sourced answers

Applies when: child arrangements (matter decided with the divorce); matrimonial property (matter decided with the divorce); spousal maintenance (matter decided with the divorce); England and Wales

Section 51(5) of the Family Law Act 1986 says expressly that nothing in the divorce recognition rules requires the recognition of a finding of fault or of any maintenance, custody or other ancillary order.

«(5) Nothing in this Part shall be construed as requiring the recognition of any finding of fault made in any proceedings for divorce, annulment or separation or of any maintenance, custody or other ancillary order made in any such proceedings.»

Source: legislation.gov.uk · source copy as of 2026-10-02

Applies when: England and Wales

None — separate property

«25 Matters to which court is to have regard in deciding how to exercise its powers under ss. 23, 24 [ F124 , 24A, 24B and 24E ] . E+W (1) It shall be the duty of the court in deciding whether to exercise its powers under section 23, 24 [ F125 , 24A [ F126 , 24B or 24E ] ] above and, if so, in what manner, to have regard to all the circumstances of the case, first consideration being given to the welfare while a minor of any child of the family who has not attained the age of eighteen. (2) As regards the exercise of the powers of the court under section 23(1)(a), (b) or (c), 24 [ F127 , 24A [ F128 , 24B or 24E ] ] above in relation to a party to the marriage, the court shall in particular have regard to the following matters— (a) the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire; …»

Source: legislation.gov.uk · source copy as of 2026-10-02

«42. Baroness Hale said at para 152: “The source of the assets may be taken into account but its importance will diminish over time.” And at para 153: “[I]n a matrimonial property regime which still starts with the premise of separate property, there is still some scope for one party to acquire and retain separate property which is not automatically to be shared equally between them. The nature and the source of the property and the way the couple have run their lives may be taken into account in deciding how it should be shared.” 43. Lord Nicholls said, at paras 21-23: “I have referred to the financial fruits of the marriage partnership. In some countries the law draws a sharp distinction between assets acquired during a marriage and other assets. In Scotland, for instance, one of the statutorily prescribed principles is that the parties should share the value of the ‘matrimonial property’ equally or in such proportions as special circumstances may justify. Matrimonial property means the matrimonial home plus property acquired during the marriage otherwise than by gift or inheritance: Family Law (Scotland) Act 1985, sections 9 and 10. …»

Source: supremecourt.uk · source copy as of 2026-10-02

Applies when: England and Wales

Nothing automatically

«25 Matters to which court is to have regard in deciding how to exercise its powers under ss. 23, 24 [ F124 , 24A, 24B and 24E ] . E+W (1) It shall be the duty of the court in deciding whether to exercise its powers under section 23, 24 [ F125 , 24A [ F126 , 24B or 24E ] ] above and, if so, in what manner, to have regard to all the circumstances of the case, first consideration being given to the welfare while a minor of any child of the family who has not attained the age of eighteen. (2) As regards the exercise of the powers of the court under section 23(1)(a), (b) or (c), 24 [ F127 , 24A [ F128 , 24B or 24E ] ] above in relation to a party to the marriage, the court shall in particular have regard to the following matters— (a) the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire; …»

Source: legislation.gov.uk · source copy as of 2026-10-02

«42. Baroness Hale said at para 152: “The source of the assets may be taken into account but its importance will diminish over time.” And at para 153: “[I]n a matrimonial property regime which still starts with the premise of separate property, there is still some scope for one party to acquire and retain separate property which is not automatically to be shared equally between them. The nature and the source of the property and the way the couple have run their lives may be taken into account in deciding how it should be shared.” 43. Lord Nicholls said, at paras 21-23: “I have referred to the financial fruits of the marriage partnership. In some countries the law draws a sharp distinction between assets acquired during a marriage and other assets. In Scotland, for instance, one of the statutorily prescribed principles is that the parties should share the value of the ‘matrimonial property’ equally or in such proportions as special circumstances may justify. Matrimonial property means the matrimonial home plus property acquired during the marriage otherwise than by gift or inheritance: Family Law (Scotland) Act 1985, sections 9 and 10. …»

Source: supremecourt.uk · source copy as of 2026-10-02

Applies when: England and Wales

No-fault

«1 Divorce on breakdown of marriage. E+W (1) Subject to section 3, either or both parties to a marriage may apply to the court for an order (a “divorce order”) which dissolves the marriage on the ground that the marriage has broken down irretrievably. (2) An application under subsection (1) must be accompanied by a statement by the applicant or applicants that the marriage has broken down irretrievably. (3) The court dealing with an application under subsection (1) must— (a) take the statement to be conclusive evidence that the marriage has broken down irretrievably, and (b) make a divorce order. (4) A divorce order— (a) is, in the first instance, a conditional order, and (b) may not be made final before the end of the period of 6 weeks from the making of the conditional order. …»

Source: legislation.gov.uk · source copy as of 2026-10-02

Applies when: England and Wales

No-fault divorce since 2022

«1 Divorce on breakdown of marriage. E+W (1) Subject to section 3, either or both parties to a marriage may apply to the court for an order (a “divorce order”) which dissolves the marriage on the ground that the marriage has broken down irretrievably. (2) An application under subsection (1) must be accompanied by a statement by the applicant or applicants that the marriage has broken down irretrievably. (3) The court dealing with an application under subsection (1) must— (a) take the statement to be conclusive evidence that the marriage has broken down irretrievably, and (b) make a divorce order. (4) A divorce order— (a) is, in the first instance, a conditional order, and (b) may not be made final before the end of the period of 6 weeks from the making of the conditional order. …»

Source: legislation.gov.uk · source copy as of 2026-10-02

Applies when: England and Wales

A prenup does not formally bind the court

weight under Radmacher

«74. The issue raised under this heading is whether the foreign elements of a case can enhance the weight to be given to an ante-nuptial agreement. In this case the husband was French and the wife German and the agreement had a German Page 29 law clause. We have already explained why we do not consider it material in English ancillary relief proceedings whether the nuptial agreement under consideration is or is not a contract. The court can overrule the agreement of the parties, whether contractual or not, and applies the same criteria when considering whether to do so. When dealing with agreements concluded in the past, and the agreement in this case was concluded in 1998, foreign elements such as those in this case may bear on the important question of whether or not the parties intended their agreement to be effective. In the case of agreements made in recent times and, a fortiori, any agreement made after this judgment, the question of whether the parties intended their agreement to take effect is unlikely to be in issue, so foreign law will not need to be considered in relation to that question. Fairness 75. …»

Source: supremecourt.uk · source copy as of 2026-10-02

Applies when: England and Wales

“28 days before the wedding, independent advice for each side, full disclosure” is best practice from the Law Commission’s 2014 proposals (never enacted), not a statutory requirement

«a Qualifying Nuptial Agreement Contract Validity: the agreement must be a valid contract without, for example, undue influence or misrepresentation. Execution as Deed: the agreement must have been made by deed and must contain a statement signed by both parties that they understand the agreement is a qualifying nuptial agreement that will partially remove the court’s discretion to make financial orders. 28-Day Period: the agreement must not have been made within the 28 days immediately before the wedding or the celebration of civil partnership. Material Financial Disclosure: each party to the agreement must have received, at the time of making of it, disclosure of material information about the other party’s financial situation. Independent Legal Advice: independent legal advice for each party signing the nuptial agreement, to ensure each understands the legal effect and consequences of the agreement. It should not be possible for a party to waive their rights to disclosure and legal advice. Any variation of an agreement must meet the requirements listed above. …»

Source: gov.uk · source copy as of 2026-10-02

«ient protection against coercion? You may wish to give reasons in the text box. Yes No Undecided [Free text] Effect of a qualifying nuptial agreement In 2014, the Law Commission recommended that qualifying nuptial agreements should be legally binding. Under its proposed scheme, a qualifying nuptial agreement would be enforceable as a contract and would not be subject to the court’s usual discretionary redistribution of assets. However, the Law Commission also made clear that couples should not be able to use such agreements to contract out of meeting each other’s financial needs. Where a qualifying nuptial agreement does not make adequate provision for needs, the court would retain jurisdiction to make orders to meet those needs. In its 2024 scoping report, the Law Commission revisited this issue and noted that future implementation of qualifying nuptial agreements may require further consideration of how “needs” should be defined. Case law is not consistent on the meaning of “needs” in the context of a nuptial agreement. Some decisions have taken a more restrictive view of needs in the context of an agreement, for example, considering whether the agreement meets basic needs. …»

Source: gov.uk · source copy as of 2026-10-02

«68. If an ante-nuptial agreement, or indeed a post-nuptial agreement, is to carry full weight, both the husband and wife must enter into it of their own free will, without undue influence or pressure, and informed of its implications. The third and fifth of the six safeguards proposed in the consultation document (see para 5 above) were designed to ensure this. Baron J applied these safeguards, found that they were not satisfied, and accorded the agreement reduced weight for this reason. The Court of Appeal did not consider that the circumstances in which the agreement was reached diminished the weight to be attached to it. In so far as the safeguards were not strictly satisfied, this was not material on the particular facts of this case. 69. The safeguards in the consultation document are designed to apply regardless of the circumstances of the particular case, in order to ensure, inter alia, that in all cases ante-nuptial contracts will not be binding unless they are freely concluded and properly informed. It is necessary to have black and white rules of this kind if agreements are otherwise to be binding. There is no need for them, however, in the current state of the law. …»

Source: supremecourt.uk · source copy as of 2026-10-02

the UK and Italy are parties since 1.1.1992

«United Kingdom of Great Britain and Northern Ireland 10-I-1986 17-XI-1989 R 1-I-1992»

Source: HCCH | Print · source copy as of 2026-10-02

no

«(82) In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, those Member States are not taking part in the adoption of this Regulation and are not bound by it or subject to its application. This is, however, without prejudice to the possibility for the United Kingdom and Ireland of notifying their intention of accepting this Regulation after its adoption in accordance with Article 4 of the said Protocol.»

Source: Regulation(EU)650/2012 adopted text · source copy as of 2026-10-02

estate model (IHT)

«Inheritance Tax is a tax on the estate (the property, money and possessions) of someone who’s died.»

Source: gov.uk/inheritance-tax · source copy as of 2026-10-02

standard rate 40% above the nil-rate band of £325,000

above the nil-rate band (£325k)

«The standard Inheritance Tax rate is 40%. It’s only charged on the part of your estate that’s above the threshold.»

Source: gov.uk/inheritance-tax · source copy as of 2026-10-02

«6 April 2009 5 April 2031 £325,000»

Source: Inheritance Tax thresholds and interest rates · source copy as of 2026-10-02

Applies when: spouse

spouse exempt

where the transferor is a long-term resident and the recipient spouse is not: the exemption in s.18(2) IHTA 1984 is capped at the nil-rate band figure, £325,000 over a lifetime

«6 April 2009 5 April 2031 £325,000»

Source: Inheritance Tax thresholds and interest rates · source copy as of 2026-10-02

«A transfer of value is an exempt transfer to the extent that the value transferred is attributable to property which becomes comprised in the estate of the transferor’s spouse [ F2 or civil partner ] or, so far as the value transferred is not so attributable, to the extent that that estate is increased. (2) If, immediately before the transfer, the transferor but not the transferor’s spouse [ F3 or civil partner ] is [ F4 a long-term UK resident, ] the value in respect of which the transfer is exempt (calculated as a value on which no tax is chargeable) shall not exceed [ F5 the exemption limit at the time of the transfer, ] less any amount previously taken into account for the purposes of the exemption conferred by this section. [ F6 (2A) For the purposes of subsection (2), the exemption limit is the amount shown in the second column of the first row of the Table in Schedule 1 (upper limit of portion of value charged at rate of nil per cent). ]»

Source: Inheritance Tax Act1984 · source copy as of 2026-10-02

party

«United Kingdom of Great Britain and Northern Ireland 13-II-1962 6-XI-1963 R 5-I-1964 10 D,Res 9»

Source: HCCH Convention status table and declarations · source copy as of 2026-10-02