Prenup: Switzerland + United Kingdom

Which contract, and where to sign it

Switzerland: A notarial deed (öffentliche Beurkundung); concluded before or at any point during the marriage.

United Kingdom: A written deed signed well in advance: the Law Commission benchmark is at least 28 days before the wedding, with independent legal advice for each side and full asset disclosure.

Several legal systems are involved — one document will not cover them all. The working construction: an anchor contract in the principal jurisdiction plus mirror texts where the key assets sit, backed by local counsel opinions.

Choice of applicable law

English and US courts will judge the contract by their own rules whatever law it names — for these jurisdictions the signing procedure decides, not the choice-of-law clause.

What you can fix in it

Switzerland: Election among the statutory regimes (separation, community) and adjustment of accrual shares; the statute sets the frame — freeform constructions fail.

United Kingdom: Almost anything on assets, but a spouse or children cannot be left in need: needs override the contract and the court keeps the last word (s. 25 MCA 1973).

What gives the contract its force

Full asset disclosure annexed to the contract — the main anchor against future challenge.

Independent counsel for each side; one adviser for both is the classic line of attack.

Timing: sign well in advance (for England the benchmark is 28+ days before the wedding), free of eve-of-wedding pressure.

Translations and legalisation: every version with a notarised translation and apostille for its jurisdiction of use.

What to read next

Deep dive: cross-border prenups

Divorce navigator: what happens without a contract

Property division in a cross-border divorce