Location matters when you and your spouse decide on post or prenuptial marital agreements. In United States of America, laws change enough from state to state. When facing international issues, the complexity can increase quickly. Without a solid legal context the enforceability of marital agreements will be in question. Simplicity is the key to solid marital agreements and the clearer cut the case—the better off you will be.
Nationality
When creating international marital agreements the nationality of both parties is important. To prevent a conflict of different national laws it is highly recommended to draft the documents in a single, shared nation. With a fixed location the laws of the nation chosen will be the ones consulted if any issues with the agreements come up. This erases any issues that come with two separate nations such as law or political changes.
Travel
If international travel seems to be in your future then the marital agreements need to account for that as well. Your lawyer will need to draft the documents in mind of the countries you are most likely to move to. The process is long and requires intricate research but will ease any issues when the agreements come up. If the marital agreements are not compatible with the country where a divorce takes place then it will be up to the courts to handle the matter.
The Use of Marital Agreements
Marital agreements exist for the express purpose of avoiding any lengthy or costly court debates. When the courts become involved then divorce court will take place. Every debated or disagreed upon division will then need court review and defense. Things become even more complicated when children and assets from one spouse come up in the debates.
With marital agreements you will be able to make sure that a child from a previous relationship is not affected by the divorce. Marital agreements protect any familial property like heirlooms, estates, business, or even inheritance. Without a marital agreement that is enforceable in the nation you are living in the old specified guidelines cannot help you. You will need to deal with the local courts and that can require money and time you cannot afford to waste.
Hiring an Attorney to Draft the Papers
Drafting international documents does not mean facing only one set of laws. You could be facing multiple legal systems, all capable of changing at any time. What could once be a shakily enforceable document one day could be completely unusable the next.
Postnuptial and prenuptial agreements need careful drafting, even without the additional international needs. If you are in need of international marital agreements then hiring a Houston family lawyer is highly recommended. Otherwise your divorce could go from a streamlined process and spiral into an international cluster of problems.
Title Tag: Drafting International Prenuptial and Postnuptial Agreements
Meta: Making marital agreements among different countries means facing different legal systems entirely. Knowing how enforceable a marital agreement is just as important as making one.
