Most people who are making wedding plans are squeamish about discussing prenuptial agreements. This may stem from a desire to avoid discussing the possibility of a marital dissolution or just a lack of forethought when making wedding plans. It is generally prudent for international couples to at least sit down and research the area of prenuptial agreements if for no other reason than the fact that they can be very effective at making the marital dissolution less burdensome on all concerned.
Dealing with Multiple Jurisdictions
Some countries do not recognize the validity of prenuptial agreements, while other jurisdictions will adhere quite strictly to the provisions stipulated in the “prenup.” It is wise to do some research in order to better predict whether a foreign court will uphold all of the provisions of a prenuptial agreement or if the relevant foreign law even recognizes them in the first place. Should a foreign jurisdiction not recognize a prenuptial agreement then it may be prudent to execute a marriage in which such agreements are recognized because if the law of the jurisdiction where the agreement was executed doesn’t recognize the prenup, then it may cause a court that would otherwise have upheld such an agreement to feel compelled to throw the agreement out based upon the fact that at the time it was signed the agreement was invalid.
Locking in Choice of Forum Provisions
Choice of Forum provisions in a prenuptial agreement are clauses which stipulate where the agreement will be adjudicated if and when the parties decide to dissolve their marriage. There are some who are of the opinion that stipulating a forum at the outset is a prudent course of action. There are some cases in which a choice of forum provision is a necessity in the premarital agreement. The major downside to this practice is the fact that it locks the parties into a specific forum rather than allowing them to choose their forum at the time of the dissolution which can be much more convenient for all concerned.
The Uniform Prenuptial Agreements Act
The UPAA is a uniform act which currently has been enacted in the following states: Arizona, Arkansas, California, Connecticut, Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas, Utah, Virginia, and Wisconsin.
A pre-nup is not the end all and be all when it comes to property distribution resulting from marital dissolution. Prenups are usually quite a powerful tool for protecting property rights and limiting excessive spousal support.
Author :
By: Benjamin Hart
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