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  1. Barton Gilman
  2. International Prenuptial or Premarital Agreements

International Prenuptial or Premarital Agreements

April 20, 2021

A premarital or prenuptial agreement is a written and binding agreement or contract between prospective spouses made in contemplation of marriage. To learn more about the basics of premarital or prenuptial agreements, please read my prior article entitled “Premarital, Prenuptial or Antenuptial Agreements: The Basics.”

Premarital and prenuptial agreements are treated differently throughout the United States and the world

As demonstrated by the article on “Rhode Island and Massachusetts premarital and prenuptial agreements,” the laws regarding the validity and enforceability of these agreements can vary significantly from state to state.  It is no surprise than that formal requirements for a prenup, the substance of what a prenup can and can’t address and how it will be treated at the time of enforcement can differ greatly in other countries around the world.  As a result, extremely important to ensure your prenuptial or premarital agreement will be valid and enforceable no matter where you live, work or own property or assets.

How can a law firm in the United States help with international prenups

As a result of the increasingly interconnected nature of the world, parties must be extremely deliberate in order to ensure their premarital or prenuptial agreement will be valid and enforceable if the marriage ends by death or divorce.  Due to the vastly different requirements for premarital or prenuptial agreements around the world, it is imperative to collaborate with appropriate counsel in the foreign jurisdictions to which the parties have ties.  This might include countries where the parties’ own property, assets or other investments, where they live currently, where they might live in the future or where their family lives from whom they might inherit property, assets or other investments. We have collaborated with counsel in Europe, the Middle East and elsewhere in the world protect our client’s assets and secure their financial future.

What are the benefits of an international prenuptial agreement?

There are many benefits of entering into an international premarital or prenuptial agreement.  First, the agreement provides spouses with certainty and clarity regarding what property and assets they will receive in the event their marriage ends by death or divorce. Second, the parties will significantly reduce their legal fees in connection with their divorce be drastically narrowing the issues to be addressed at a divorce, leaving more money for both of the parties. When used in conjunction with proper estate planning, parties can use prenups to protect their assets and secure financial security and peace of mind.

Is an international premarital or prenuptial agreement right for me?

Whether or not you should enter into an international premarital or prenuptial agreement is based on a variety of factors. You need to consider your age, health, where are you live, your income level and employment status, the nature and value of your property and assets, whether you have children or are planning to have children, your future plans and much, much more. In order to determine whether a Rhode Island or Massachusetts premarital or prenuptial agreement is right for you, please contact Gregory N. Hoffman at ghoffman@bglaw.com or by phone at 401.273.7171.

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