Crossing Borders: Prenups for International Couples

In our increasingly connected world, international marriages are on the rise. Couples from different countries, cultures and backgrounds are partnering up more than ever before. These partnerships bring unique gifts as well as unique challenges, particularly when it comes to all things legal and financial. 

A prenuptial agreement can be especially helpful for international couples due to the complexities introduced by differing national laws. Laws governing marriage, property, and divorce vary from country to country - this can lead to confusion and potentially to disputes if these differences are not discussed and addressed before entering into a marriage. 

For example, community property laws in the United States differ greatly from equitable distribution laws. In some countries, marital property is automatically divided equally upon divorce, while in others, the division is based on various factors including the length of the marriage and the contributions of each spouse. Additionally, certain countries do not recognize prenuptial agreements at all, or they may have strict requirements for their enforceability. 


Frequently Asked Questions about International Marriage & Prenups

What if we’re getting married in another country, but plan to live in the United States? Can we still get a prenup in the U.S.? Getting married outside of the United States has no bearing on your ability to draft a prenup within the United States, and no bearing on your ability to use First for your prenup. 

What if one partner lives abroad and the other partner lives in the US? Can we still get a prenup in the U.S.? Yes, one of you may be living outside the country. What's most common is for couples to get a prenup in the country or state they plan to reside in. For example, a couple living abroad who is planning to move to California, can get a California prenup.

Can I include international assets, like real estate, in my prenup? You may include international assets, like real estate, in your prenup. However, any questions regarding the enforceability of your agreement as it relates to that asset should be discussed with an attorney. 

What if one day we decide to move outside of the US? Will our prenup still be enforceable? This depends on a multitude of factors, one of them being where you and your partner decide to file for divorce. There is no such thing as a globally enforceable prenup, or a 100%-guarantee on enforceability for any couple, not just international ones. 

My partner is not a native English speaker. Do we need to get the prenup translated? It is important that both parties have a full understanding of the contents of the prenup. If one partner is not fluent in English, then the prenup must be translated and discussed in a language in which they are fluent. This is especially important in California where full understanding of the terms of the prenup is required in order to have an enforceable agreement.