Prenuptial Agreements

Americans living overseas, and planning to marry, should give careful consideration to completing a prenuptial agreement

Prenuptial agreements are highly recommended if

• If either or both parties have substantial assets,

• If there is a large difference in the ages of the parties

• If there is a large difference in assets or income of the parties

• If either have children from a prior marriage,

• If either has potential inheritances

• If there is property or earnings in different countries with different laws .

All of the usual reasons that make us recommend a prenuptial agreement for couples who are from the same jurisdiction usually apply even more to international and expat marriages. This is because cultural differences or different legal systems may mean that the parties have substantially different expectations about what will happen in the event of a divorce. Expats often live is several countries over the course of a marriage. Each may have different ways of addressing divorce issues. A well drafted prenup, will often override the local laws, so the parties have protection in the even of a divorce in Country with unfamiliar laws.

Prenuptial agreements for international couples present unique challenges for an attorney. Property may be located in different countries. Different counties have different requirements for the agreement. The parties to the marriage may speak different languages. They may move frequently.

A prenup in such situations should be drafted by attorneys experienced in international family law. How the agreement will be interpreted may depend on 

• where the parties were living when they signed the agreement

• where the parties actually reside

• where the parties married

• where a divorce is filed

We are experienced in drafting transnational family law agreements and coordinating with local attorneys where necessary.

An ounce of prevention is worth a pound of cure.

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