New York Prenuptial Agreement With Australia
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FAQ
Instead, New York state law sets forth the rules and requirements for prenuptial agreements. Basic contract rules apply to prenuptial agreements in New York. Specifically, an agreement should be in writing and signed by the future spouses before a notary public. The prenup doesn't take effect until a couple marries.
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.
Prenuptials, or Financial Agreements as they are referred to in Australian jurisdictions, are valid, and spouses are free to enter into them at any point in a relationship, as a means of clarifying financial issues between the parties.
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.
First of all, are Prenuptial Agreements legally enforceable? Yes. The official name for a Prenuptial Agreement in Australia is a 'financial agreement' under section 90B of the Family Law Act 1975.
