We believe it is always wise for international couples who wish to marry to enter into an international marriage pact, sometimes called premarital or antenuptial agreement, or marriage contract. Lawyers who represent international clients, who want to marry and who want the protection of a marriage contract should always consider the international implications of a proposed agreement. While traditional national marriage contracts for family lawyers raise serious concerns about misconduct, concerns become a dangerous minefield when problems are unleashed in a multi-judicial manner. BahamasPrenuptial Agreements are not applicable in the Bahamas, but the courts could take this into account in determining the intent of the parties. In general, the Bahamas will probably follow the English approach, which could now give "capital importance" to a marriage agreement. A prenup is especially important when the bride and groom come from different countries. Even if people share the same language, religion and culture, marriage is difficult and success is never guaranteed. If they speak different languages, have grown up in different cultures, have different religious backgrounds and have different expectations of marriage, a pre-marital agreement is essential. The court will not consider the content of the agreement, but the circumstances in which it was concluded. The court will not cancel an agreement because the parties have reached a bad case. Non-complete and open disclosure may constitute unacceptable behaviour for which agreements can be repealed. The decision on the best choice cannot be made without being properly informed of the applicable laws and practices of the various competing legal systems and the possible effects of foreign law in one of the potential legal systems. The decision should also be made on the advice of legal advisory councils, who have extensive experience in this area, are spirit-independent and who have consulted or will consult appropriate local legal advisory councils in other jurisdictions.
It is also important to know that the choice of legal clauses may or may not be valid in other jurisdictions. In most countries, agreements can be challenged, particularly with regard to the provisions on support obligations, if they are "unacceptable" at the time of entry or final divorce. Non-disclosure of financial obligations or commitments may be a factor that makes the agreement unacceptable. CHINAPrenuptial ACCORDS are now applicable in China. Article 19 of the Marriage Act 2001 states that: 8. When reviewing foreign law, be sure to understand the terms used by foreign local lawyers. For example, foreign terms may be translated into English as "marital property," "conservation," "property" and "commingled," but the terms could have quite or even subtly different meanings in the foreign jurisdiction, which could seriously influence the way a contract is interpreted. Get familiar with not only the law, as it is written in the foreign jurisdiction, but also with the law, how it is actually applied and how it might apply to your respective client if the marriage agreement has been brought before the courts in that jurisdiction. In this context, it is necessary to determine the discretion granted to a judge in the foreign jurisdiction to rewrite certain provisions or take measures other than the strict application of the law on marital agreements. Most U.S.
states recognize pre-marital agreements as valid contracts in the same way as all other treaties. This usually depends on compliance with requirements, including: An experienced Florida family attorney should consider this and other issue on behalf of a client. The lawyer can explain the nuances and complexities of immigration law, since he crosses paths with marital agreements and acts accordingly on behalf of the client.