By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
The Bahamas does not treat prenuptial agreements as automatically enforceable. Instead, Bahamian courts consider them persuasive but not binding, using them primarily to understand the parties’ intentions at the time they signed. While this approach historically created significant uncertainty, recent decisions indicate a gradual shift toward the modern English model.
The turning point came with the anonymized 2011 Supreme Court decision M v. F, where the court gave meaningful weight to a prenuptial agreement because:
- Both parties entered the agreement freely, and
- Enforcement would not be unfair in the circumstances.
This reasoning aligns with the influential English Supreme Court ruling in Radmacher v. Granatino [2010], which held that courts should give effect to a nuptial agreement freely entered into with full understanding of its implications, unless enforcing it would be unfair.
While The Bahamas is not bound by English precedent, its courts traditionally look to English jurisprudence for guidance, and Radmacher continues to shape how Bahamian judges evaluate marital agreements.
Even so, uncertainty remains. Bahamian courts reserve broad discretion to adjust or disregard terms where fairness requires it. As a result, a prenuptial agreement may significantly influence the outcome but cannot guarantee a predetermined division of assets.
Our Cross-Border Experience
At Multi-Jurisdictional Divorce, PLLC, we help clients structure international prenuptial agreements with an eye toward jurisdictions, like the Bahamas, where fairness and judicial discretion play central roles. From New York and San Francisco, international family lawyer Elena Giannattasio crafts cross-border strategies to ensure each agreement is drafted with clarity, context, and enforceability in mind.
Foreign Law Disclaimer, Multi-Jurisdictional Divorce, PLLC
This overview concerns foreign law. Elena Giannattasio, Esq. is not admitted to practice in the Bahamas and does not advise on Bahanian Law. All information is provided strictly for general educational purposes and is not legal advice.