Prenup: United Kingdom + Germany

Which contract, and where to sign it

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.

Germany: A notarial deed with both parties present simultaneously; before or at any point during the marriage.

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

In the EU, fix the choice of law inside the contract (Regulation 2016/1103): the law of either spouse’s citizenship or habitual residence. Without a choice, the regime follows the first common residence — and migrates with you unpredictably.

Germany: under Rome III you can also pre-select the law applicable to the divorce itself — it belongs in the same package.

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

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).

Germany: The regime, the Versorgungsausgleich (waivable, but the court checks the trade-off) and maintenance — all under Inhaltskontrolle: a tilt against the child-raising spouse will not stand.

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