Prenuptial Agreement Uniform With Foreign Spouse
Description
How to fill out Nevada Prenuptial Premarital Agreement - Uniform Premarital Agreement Act - With Financial Statements?
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FAQ
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.
The provisions of a prenuptial agreement should not give the appearance of a deal between parties for the purpose of circumnavigating immigration rules. There can also be challenges if the foreign spouse does not speak English well enough to understand the details of the agreement.
A prenuptial agreement cannot include personal preferences, such as who has what chores, whose name to use, where to spend the holidays, information on child-rearing, or what relationship to have with specific relatives. Premarital agreements are meant to address monetary issues.
Prenuptial agreements are enforceable in Canada. Courts in Ontario and other common law provinces of Canada previously considered marriage contracts to be contrary to public policy and unenforceable, but the 1978 Family Law Reform Act (now continued in the Family Law Act) specifically authorizes marriage contracts.
A prenuptial agreement for international couples is generally prudent and appropriate. But international prenuptial agreements are traps for the unwary or unknowing. They are extremely important to clients but must be handled with great care by knowledgeable and experienced international family law counsel.