The significance of international post and prenups for professional athletes

Post and prenuptial agreements have become an essential consideration for couples entering into marriage, providing a clear framework for financial arrangements and asset protection. While these agreements hold significance for all walks of life, their importance is particularly pronounced for professional sports athletes who often have very complex and high-value financial situations.

These athletes often move abroad to enhance their careers, so in these scenarios a pre- or post-nuptial agreement should be seriously considered – witness the divorce last year of international footballer Achraf Hakimi from his wife Hiba Abouk.

How Could a Prenuptial Agreement Affect an International Divorce?

When a couple is happily in love and planning a wedding, the idea of a prenuptial agreement can seem horribly unromantic. But planning ahead makes a lot of sense if one or both partners are already wealthy, in line for a substantial inheritance, or marrying for the second (or more) time.

A well-written prenup can protect existing wealth, family assets, and future prospects, as well as provide reassurance about what will happen if the marriage should ever fail.

However, even the most watertight prenup may not be enforceable if the couple has moved to a different country by the time they decide to divorce.

Will a Prenup Be Recognised by a Foreign Court?

Not always – so if a couple decides to divorce in another country, it’s wise to seek advice about the impact that could have on any prenuptial agreements drawn up in the UK.

If there is an existing pre-nuptial agreement, it should be carefully considered where to file for divorce. If living in another country, a couple may be eligible to divorce in multiple jurisdictions. For example, they may be able to divorce in any country where one or both partners live regularly (for work or study, etc.), live permanently, or a country where either partner is a national.

When making the decision, it's crucial to consider where the prenup was written and whether it is likely to be recognised by the court in that jurisdiction. It's vital to get advice from a specialist international divorce solicitor about which jurisdiction would help achieve the best outcome.

Is a Prenuptial Agreement Necessary When Moving Abroad?

Sport relocation abroad can have significant impacts on families, particularly if the move is semi-permanent, such as transferring to a new club or country.

There are many family law issues to consider, such as Child Arrangement Orders (CAO), but it may also increase the need for a nuptial agreement to be created in that country. Sportsmen and women should certainly seek legal advice before taking up residence in another country, even if they have no plans to divorce.

A prenup could be invaluable if the marriage broke down while living abroad, particularly if either partner is independently wealthy. Even if there is already a prenup in the UK or another jurisdiction, it makes sense to set up a separate agreement that would apply in the new home.