By Elena Giannattasio, International Family Lawyer in New York, Multi-Jurisdictional Divorce, PLLC
The Cayman Islands generally follow the English approach to prenuptial agreements. While the jurisdiction does not yet have a specific statute expressly authorizing prenups, courts routinely look to English case law for guidance. As in England, Radmacher v. Granatino remains the leading authority: prenuptial agreements will be given substantial weight when each party entered the agreement freely, with full understanding of its implications, and where enforcement would not be unfair.
The Cayman Law Reform Commission has already prepared legislation that would bring greater clarity and formal recognition to prenuptial agreements. Until then, Cayman courts continue to apply English principles, meaning prenuptial agreements may significantly influence, but not fully determine, the financial outcome of a divorce.
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From New York and San Francisco, international family lawyer Elena Giannattasio and Multi-Jurisdictional Divorce, PLLC help clients structure agreements that anticipate Cayman-law review while remaining coordinated with U.S. and other relevant jurisdictions.