Upholding a Separation Agreement Signed Abroad
Practice areas
- Financial remedy
- Separation agreements
- International divorce
Jurisdiction
England & Wales (agreement signed overseas)
Details have been anonymised to protect privacy.
Summary
SKB Law represented a client in financial proceedings where a separation agreement signed abroad was challenged. The court ultimately upheld the agreement, confirming it carried significant legal weight.
The challenge
The agreement had been entered into during a difficult period and without full financial disclosure. However, legal advice had been obtained at the time and the agreement was legally binding in the country where it was signed.
The court had to decide whether fairness required departing from the agreement.
The SKB Way
We ensured the court considered the full context.
We:
- Presented the circumstances surrounding the agreement
- Addressed issues of financial disparity
- Examined questions of vulnerability and conduct
- Applied the relevant English legal framework
Outcome
- The separation agreement was upheld
- The court confirmed foreign agreements can carry significant weight
- The financial position remained largely in line with the original agreement
What this case shows
- Agreements signed abroad are taken seriously by English courts
- Legal advice at the time of signing is influential
- Not all agreements will be reopened during divorce
Get in touch
If you signed a separation agreement overseas and want to understand your position in England, speak to SKB Law.