Prenuptial Agreements In Other Countries

The same lawyer cannot act for both of you because that would create a conflict of interest. Even if you agree on the terms of the marriage agreement, these conditions could affect both of you in different ways, so you will need separate advice. If you have an existing pre-marriage agreement, you should think carefully about where you can file for divorce. If you live in another country, you may be divorced in several jurisdictions. For example, you can divorce in any country where you or your spouse live regularly (to work or study, etc.), live permanently or in a country where you or your spouse are nationals. Alternatively, a party may have started a business before getting married. Sometimes couples who marry later in life, perhaps a second time, will want to enter into a marriage pact to protect the financial situation of children from their previous relationships. On the national territory, spouses could face challenges because of legal conflicts of any state, which would impose a marital agreement in different states. As the world becomes increasingly interconnected, it is not uncommon for one or both parties to a marriage to be nationals of one country, live in another country and own property in a third country.

Moreover, even if a judgment may have been rendered in one country, the judgment may not affect the spouse`s right to property in another jurisdiction. 2. Make sure that only one lawyer is responsible for the entire trial, the senior coordinator is among the different lawyers in different jurisdictions working on the marriage project and is the main (or sometimes the only) link with the client. If a lawyer is not clearly responsible, there can be great confusion, lawyers will be tempted to play a more important role than would be appropriate, the client will receive conflicting advice and important issues could never be addressed. All financial transactions in the event of divorce must be approved by the court in that country, even if the parties have agreed on the terms and/or if there is a marital agreement. In practice, cases where there is total agreement are almost always treated by a judge as a paper job without anyone having to appear in court. You will find these conditions in Article 1466 of Thailand`s Commercial and Civil Code. In accordance with Thai marriage laws, the matrimonial agreement focuses on the assets and financial consequences of marriage and sets the terms of ownership and management of common personal and concrete property and the eventual division of marital property when the marriage is dissolved. The marriage agreement also contains a list of each party`s personal property at the time of marriage and ensures that debts and property prior to marriage remain in the possession of the original owner or debtor. Personal property includes: As a brief review of the above examples shows, U.S. courts do not routinely apply foreign laws to international marriage contracts. Couples who wish to sign an agreement abroad, but who apply it within the United States, should consult a lawyer.

The lawyer should have practical experience in the application of foreign laws in U.S. courts. A marriage agreement, or Prenup, is a document signed by a couple before marriage that determines what will happen to their wealth, wealth and income in the event of the end of their marriage. Marital agreements signed or applied in Europe can be controlled by the laws of the Hague Convention on the Law of Marriage Regimes. The articles of the Convention have only been ratified by five EU countries. This can cause complications for a couple`s marital agreement.