In many countries around the world, marital agreements are applicable. The Hague International Convention on the Law of Marriage Allows Marital Agreements. In some countries, prenups may have other names, such as binding financial agreements or marriage contracts.B. A nation that does not recognize marital agreements is the United Kingdom, where they are seen as opponents of public policy. Recently, we represented an American businessman who lived in country A in Europe and was planning to marry a woman in the same city, originally from country B. We knew that the stay in Country A produced red flags as to the future applicability of the proposed marriage contract. We argued that the parties could temporarily move to States C, D or E to the United States or F or G to Europe. We also found that they could eventually move to one of the many countries in the future, but that countries H, I and J were more likely than the others. As a result, we have developed, in close collaboration with lawyers from the A, B, C, D, E, F, G, H, I and J courts, a marriage agreement and certain other documents. A marital agreement can clarify the financial rights and responsibilities of each party during marriage and the distribution of property in the event of divorce or death. Prenups can protect spouses from each other`s debts.
They can also explain how a spouse`s property can be transferred to children from a previous marriage. In addition, a marriage agreement may indicate whether one of the parties should be entitled to a condition of non-compliance. Here are some reasons why a marriage agreement is a good idea: what cannot cover the marriage agreement is illegal. Nor can The Prenup have a provision contrary to public policy. For example, future child care rights cannot be agreed in the agreement. States consider the welfare of children to be a matter of public policy that must be decided by a court when a marriage ends. The more frequent they are, the more people realize that most partnerships can benefit from a marriage agreement, because it helps each partner to establish a financial statement. Here are some fundamental principles that the author has developed by dealing with many such agreements around the world for several years: lawyers representing international clients now realize more often that a marriage agreement often needs to be developed in a number of potential jurisdictions based on their potential enforcement capacity. This could be one of the following types: a clause of choice of the law should normally be extended.
In one case, an Oregon court applied the law chosen by the marital convention — California law — only for the construction of the agreement, but did not apply California`s property rights because the choice clause of the law was limited to construction issues.