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Prenuptial Agreements From a Multi-Jurisdictional Perspective

By Benjamin Hart

Republish: EasyPublish™
Published: 29Apr2009
Word count: 447
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Each year many bi-national couples make the decision to marry. An issue involved in these instances revolves around the division of property should a divorce at some point become necessary. Although many people do not wish to ponder such an eventuality, the fact is that divorce does occur and in the event that it does occur all parties should be prepared to divide up their assets and move on with their lives in as efficient a manner as possible. A prenuptial agreement facilitates a smoother transition from married life back to the status of a single person and also provides a measure of certainty regarding property distribution should the marriage dissolve.

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. Some people believe that stipulating a forum in the agreement is a good decision. In certain instances, a choice of forum provision may be a necessary addition to a prenuptial 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. However, prenuptial agreements can be extremely effective in limiting property rights and maintenance.

For those interested in learning more please visit Thai prenup or Thai prenuptial agreement

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