Prenuptial Agreement With Foreign Spouse

State:
Kansas
Control #:
KS-P035-PKG
Format:
Word; 
Rich Text
Instant download

Description

This package can be used by persons who have been previously married, or by persons who have never been married. It includes provisions regarding the contemplated marriage, assets and debts disclosure and property rights after the marriage. The forms describe the rights, duties and obligations of prospective parties during and upon termination of marriage through death or divorce.


These forms are often used by individuals who want to ensure the proper and organized disposition of their assets in the event of death or divorce. Among the benefits that prenuptial agreements provide are avoidance of costly litigation, protection of family and/or business assets, protection against creditors and assurance that the marital property will be disposed of properly.


Included in your package are the following forms:



1. Prenuptial Premarital Agreement without Financial Statements;

2. Amendment to Prenuptial or Premarital Agreement;

3. Financial Statements only in Connection with Prenuptial Premarital Agreement;

4. Revocation of Premarital or Prenuptial Agreement

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Premarital Agreement

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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.

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Prenuptial Agreement With Foreign Spouse