One of the essential elements of an international marriage agreement is the choice of jurisdiction under which the agreement is drawn up. Of course, lawyers should not be bound to their own jurisdiction as the “homeland” of the agreement. It must also be recognized that silence on the choice of the law is, in many ways, equivalent to the explicit selection of that jurisdiction. The impact of separation on ownership of property and other assets is a complex legal area. Our family and real estate lawyers are very experienced in property disputes between unmarried couples. It may be particularly wise to consider the development of a marriage pact if one spouse is much more prosperous than the other or if you have one of the following: our legal team is designed to help couples reach an agreement that works in the best interests of both parties. To learn more about the benefits of marriage contracts and how we can help, contact us today at (713) 802-1777. 9. 9. Look at the conflict of law issues. Keep to your attention that a contract executed in a particular jurisdiction is governed by the law of another jurisdiction.

You may even need to consider removal rules (perhaps for the first time since cramming in law school for conflict review) as another court applying its own right to the matrimonial agreement could contain its conflict laws, which could require the court to apply the laws of another jurisdiction. One of the best reasons to hire a prenup lawyer is to prevent a court from invalidating the prenup. In fact, it is advisable to hire two lawyers, one for each of the parties. Although neither party is legally represented, courts tend to be more cautious when it comes to imposing a marriage agreement signed by a party that does not have independent legal representation. In this situation, especially if the Prenup seems unfair to the party without legal representation or if there are concerns about coercion or coercion, a court may declare the Prenup totally invalid. In addition, states generally have strict schedules for executing a prenup that must be tracked for it to be considered valid. For example, you may need to have it performed a number of days before the wedding, or you will need to specify some time for all parties to verify it before signing. Hiring a Prenup lawyer makes this process easier, as lawyers can ensure that all procedures are followed.

“Pre-marriage contracts are contracts and are generally enforced,” says Andrew Winters, a divorce lawyer with new Hampshire law firm Cohen and Winters. “However, because of their sensitivity, they are under scrutiny to ensure that the agreement was truly voluntary and did not contain unfair or illegal provisions.” Winters says the specific requirements for applicability vary considerably from state to state. But a common requirement is that a lawyer be hired by each party. “It is also reprehensible that the agreement was reached just before the wedding,” he added. 11. Some jurisdictions still do not impose marital agreements. Other jurisdictions have rules that allow a court to easily invalidate a marriage pact. In some cases, it is also good practice to consider whether the parties are to sign so-called “mirror” agreements, which contain essentially the same conditions as the primary agreement, but which are carried out in accordance with local law and should only enter into force if the primary agreement is not recognised by a local court.