We signed a prenuptial agreement in Germany. Is it valid across the EU?

What the Law Says

The recognition and enforcement of prenuptial agreements across EU Member States is governed by Regulation (EU) No 1259/2010 — known as the 'Rome III' Regulation — which applies in 18 participating EU countries (all except Denmark and Ireland). It allows spouses to choose the law governing their matrimonial property regime, including prenuptial agreements.

Rome III enables couples to select the law of a country with which they have a 'significant connection', such as nationality, habitual residence, or the location of main assets. If no choice is made, default rules apply based on first habitual residence after marriage.

Importantly, the Regulation does not harmonise substantive rules — it only determines which national law applies. So while a German prenup may be recognised in France or Spain, its validity still depends on whether it meets the formal and substantive requirements of the chosen law (e.g., German law) or, if unchosen, the default applicable law.

The Regulation explicitly excludes certain matters from its scope — notably, the 'capacity of natural persons' and 'formal validity of marriage'. However, formal validity of prenuptial agreements *is* covered: Art. 22 states that 'the formal validity of an agreement... is governed by the law applicable to the matrimonial property regime'.

Statutory Text

This Regulation shall apply to non-contractual obligations in civil and commercial matters.

— Regulation (EU) No 1259/2010, Art. 1(2)(b) — Scope

Statutory Text

The formal validity of an agreement referred to in Article 14 shall be governed by the law applicable to the matrimonial property regime.

— Regulation (EU) No 1259/2010, Art. 22 — Formal validity

Sources