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Prenuptial Agreements Country

The articles of the Convention deal in particular with disputes of the law of international marriage agreements. There is a legal conflict in which there are two countries that each have a strong interest in this case and have conflicting laws. The courts must decide which of the laws of the countries should apply to the case. Very often, international marriage agreements have legal conflicts, as there are several countries that have an interest in the couple`s marital agreement. For example, the country where the couple signed the agreement and the country that verifies the couple`s agreement often have a share in the couple`s agreement. The Convention has specifically addressed this issue and has written articles on the resolution of these conflicts. Thus, Article 12 of the Convention controls the national laws that determine the validity of a matrimonial agreement. The article stipulates that a marriage contract is considered valid only if it complies with the laws of the country where the agreement was signed or the laws that would normally control the couple`s property. This is a simple and easy rule to apply.

Similarly, Article 4 defines the country`s legislation that applies when the couple does not contain a clause of choice of the law (see discussion below). In accordance with Article 4 of the agreement, the couple`s property is controlled by the laws of the country in which the couple has their first habitual residence. If you have an existing pre-marriage agreement, you should think carefully about where you can file for divorce. If you live in another country, you may be divorced in several jurisdictions. For example, you can divorce in any country where you or your spouse live regularly (to work or study, etc.), live permanently or in a country where you or your spouse are nationals. If you are happy in love and planning a wedding, the idea of a wedding may seem terribly unromantic. But planning ahead makes a lot of sense, if you`re already rich, in line for a considerable inheritance, or marry at the second (or more) time. A marital contract, a premarital contract or a pre-marital agreement (commonly known as Prenup) is a written contract entered into by a couple before the breakdown of marriage or a civil union that allows them to choose and control many of the legal rights they acquire at the time of marriage, and what happens when their marriage ends in death or divorce.

Couples enter into a written pre-retirement agreement so as not to enforce a large number of national marriage laws that would otherwise apply in the event of divorce, such as laws governing the sharing of benefits and pension savings, and the right to seek support (marriage assistance) with agreed conditions that provide security and clarify their marital rights. [1] A pre-marital contract may also include waiving the right of a surviving spouse to invoke a voting share in the deceased spouse`s estate. [3] A choice of law clause should normally be extended.