If you and your spouse want to move overseas, it’s crucial to think about how this decision affects your marital situation. If you have children or a lot of assets, you may be wary about a move abroad in case things with your spouse break down. A prenuptial or postnuptial agreement can provide you with the peace of mind to make whatever travel plans you wish
When your move is permanent
A permanent move to another country poses several family law challenges. Different countries have different legal systems concerning divorce, property division, and child custody. For instance, moving to a civil law country such as France or Japan can vastly differ from the common law system in California.
A prenuptial agreement can settle most of your divorce or custody issues at the onset, with only procedural involvement from attorneys in the new country.
When your move is temporary:
If you’re temporarily relocating overseas, a marital agreement can specify the jurisdiction that will govern your marriage during this period. Your agreement can also clarify the financial arrangements, including how income earned abroad will be treated and how expenses will be shared or allocated. A temporary move doesn’t mean temporary rules; having everything spelled out can prevent misunderstandings and protect both parties’ interests.
What if it’s not a move, just frequent overseas trips?
For those who travel regularly to countries like China or Australia for business, it’s important to consider the implications of frequent absences from the family home. A marital agreement can cover scenarios such as the care and custody of children in your absence, management of the family’s financial affairs, and decision-making rules if one parent is consistently abroad.
How enforceable are marital agreements overseas?
Generally speaking, any agreement made in any jurisdiction is enforceable in another country. Provided there are no clauses explicitly against the law of the hearing jurisdiction, the court will uphold any prenuptial or postnuptial agreement.
Marital agreements are smart even if you don’t ever leave the U.S.
A marital agreement is not just a precaution; it’s a strategic tool for clarity and protection for any couple, regardless of travel plans. A well-crafted marital agreement is an investment in your family’s future and peace of mind.