Prenuptial Agreement With Foreign Spouse
Description
How to fill out Kansas Premarital Agreements Package?
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FAQ
While prenups are not yet legally binding, they may be by the time you come to divorce, or they could likely be upheld by a judge if they meet the qualifying criteria. That's why, if you want to use one, it's so important to take detailed legal advice.
Although divorce is not allowed under Philippine law, prenuptial agreements are permissible to fix the property relations during the marriage within the limits provided by this Code.
However, a court in the United States is unlikely to enforce such a provision. Until foreign countries draft agreements with provisions allowing for parties to decide which law will apply, their agreements will stand on shaky ground in the United States. California courts have not upheld these agreements.
In the U.S., courts have discretion to recognize foreign prenuptial agreements and will generally do so unless the agreement is found to be unconscionable or one that otherwise frustrates public policy.
