Are Prenuptial Agreements Still Valid In A Different Country ?
Prenuptial agreements are contracts signed by a couple before their marriage or civil union. The content of a prenuptial agreement typically includes provisions for division of property and spousal support in the event of divorce or termination of marriage. Though, each prenuptial agreement can have different clauses based on the agreement reached by each couple. |
Before contemplating to sign a prenuptial agreement, one needs to understand what this type of contract entails. This is especially important when this agreement requires to be validated in a country different from the one where the contract was originally made and signed. With the exception of Singapore and India which do not recognize prenuptial agreements, most countries of the world accept this agreement.
For example, if one is getting married abroad, it is necessary to consult the international law of the respective country to ascertain the status and the applicable judicial regulations in connection to the prenuptial agreements. This helps one to choose an option which best suits the particular couple’s needs.
One may choose between the law of the country in which both of the partners reside and the law of the country which one of the partner is a citizen. By default, if one is not particular, the law of the country of residence will be the one taken into account.
However, as mentioned earlier, in some countries, the legal system does not consider prenuptial agreements to be legal or valid. Nonetheless, couples can draft and sign a prenup in a country where it is considered legal and valid. And, it will be valid as per that country's law but not in the couple's country of residence.
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