Prenuptial agreements generally are enforceable under the U.S. law, but they must be written in a manner that is in accordance with the law. Not all provisions included in a prenuptial agreement might be enforceable in a divorce. This is why having a lawyer review your prenuptial agreement and assist you with drafting this document is important. However, if you are marrying a person who is not a U.S. citizen or are marrying a person with significant assets in another country, it is important to consider the ramifications this could have on your prenuptial agreement. International marriages can raise a host of questions that you may want to address before you get married.
A prenuptial agreement signed and notarized in the U.S., may not be considered valid or acknowledged in a foreign country. If your divorce gets initiated in a foreign country, and your prenuptial agreement was signed and drafted in the U.S., this could create additional complications. This is where having a foreign prenup in place may be able to protect your interests and assets. Your family lawyer may need to coordinate with family lawyers in your home country or in the country where you have significant assets to ensure that both documents are enforceable in both or multiple jurisdictions.
If you have citizenship in more than one country, are a citizen of another country, or have assets in another country or multiple countries, a foreign prenup may be able to protect these assets should you get divorced. However, some countries may not recognize prenuptial agreements at all. This is why you may want to consult with a family law attorney familiar with the issues facing couples in international marriages and international divorces.
While no one wants to think about divorce when they are getting married, if you are entering a marriage with significant assets, if this is your second or subsequent marriage, or if you have children from another marriage, a prenuptial agreement might protect your interests and your children. Even couples who do not have significant assets may choose to put a prenuptial agreement in place. A prenuptial agreement can make clear what debts are the responsibility of each party (for example, if one or both parties entering the marriage have significant student loan debt).
The Elliot Green Law Offices is a family law firm in Brooklyn, New York that may be able to assist you if you need a prenuptial agreement or a foreign prenuptial agreement. Planning on getting married to a person from another country? Planning to get married and apply for a family-based visa for your partner? A foreign prenup may be able to protect your rights and interests as you move forward with the next chapter of your life.
Understanding How Different Jurisdictions Might Impact a Foreign Prenuptial Agreement
You cannot assume that a prenuptial agreement signed and executed in the U.S. will be valid in another country. If you or your partner live in different countries, or if you have a residence in a foreign country, your lawyer may need to look into the marriage and divorce laws in the other counties that could impact your marriage. You may need to coordinate with family lawyers in your home country or in the other country to execute and create a prenuptial agreement that will be valid in all jurisdictions that may impact your marriage. Different countries might have different requirements for prenuptial agreements to be enforceable. And in some jurisdictions, prenuptial agreements may not be enforceable at all. If you plan to put a prenuptial agreement in place in the U.S., but also have residence or assets in another country or if your future partner is from another country, you may want to speak to the foreign prenup law firm at the Elliot Green Law Offices in Brooklyn, New York today. Marriage is a union of love, but it is also a financial and legal union that can have implications for your assets and future liabilities. Have questions about how you can protect yourself, and make clear each party’s financial and legal rights when entering your marriage? The Elliot Green Law Offices are foreign prenup lawyers in Brooklyn, New York that may be able to assist you.
What Else Should Be Considered With an International Marriage?
The world is more globalized than ever. Businesspeople and creatives might work in many different countries and might have ties around the world. Individuals in a marriage might come from different countries and they might even reside in different countries. What implications might this have for a prenuptial agreement? A prenuptial agreement might need to take into account the countries where each party in the marriage is from (each person’s citizenship), the countries where each party resides or does business, and the countries where each party might choose to live in the future. Couples with ties to many countries, might specify in their prenuptial agreement the jurisdiction that might apply should they get divorced, though this can be complex, because divorce is often initiated at the local government level, and if couples don’t live in the place where they plan to establish jurisdiction, the enforcement of the prenuptial agreement can also get complex.
Marriage and divorce when multiple countries are involved can be complex. Have questions about your rights and options under the law? The Elliot Green Law Office is a foreign prenup law firm in Brooklyn, New York that may be able to walk you through the various legal remedies that may be available to you.
