Entering the 21st century allowed easy access to the entire globe. A result of this international experience is the rise of international marriages. Many who enter into international marriages consider the laws of these differing countries and turn to prenuptial agreements to protect themselves or their assets. These agreements serve as valuable documents throughout the world. Although some jurisdictions prohibit prenuptial agreements, these agreements are becoming more liberally enforced throughout the world.
For two professionals living across the world from one another, with properties, business interests, and living arrangements in a variety of countries, it may be necessary for an international family law attorney to navigate the laws of the differing countries in order to find the laws that may be most helpful to the marrying couple. For a French national living in Oslo with business interests in New York who is engaged to a Chinese national living in London with real estate in Florida, it might be necessary to consider whether English, French, Norwegian, Chinese, New York, or Florida law might govern the agreement.
International family lawyers will navigate the various legal forums and select the most appropriate jurisdiction for their client. However, not all work is done in the office. International lawyers must understand and remain sensitive to the local practices – this ensures clients understand the law and culture of all jurisdictions that may affect the agreement.
Prenuptial agreements may also be drafted as ‘mirror agreements,’ – where a prenuptial agreement is drafted in accordance with the laws of a single jurisdiction and drafted to mirror the terms of an agreement that is applicable in a differing jurisdiction. The purposes of these mirror agreements are to maximize the chances of enforceability in multiple jurisdictions.
International prenuptial agreements serve as important documents to many couples across the globe and must be drafted by experienced family law attorneys. If you are interested in seeking legal counsel for an international prenuptial agreement, reach out to our firm for help!