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Moving To Another Country With A Prenup

Goldberg Jones Divorce, Divorce Process, Goldberg Jones Radio Leave a Comment

Many people have a negative view of prenuptial agreements. They believe that means you’re not sure about getting married. Or you’re dooming your relationship to fail. Or you don’t trust your partner. Another common idea is that they’re only for the super-rich, but the reality is often very different.

Prenuptial agreements can be a useful way for both spouses to protect themselves in the case of divorce. They can save time and money, help you guard a business, home, or other assets, and also shield you from debt. It all depends on the circumstances.

That said, certain things may complicate prenuptial agreements. One of these is moving out of the country.

When our founding partner, Rick Jones, appears on the Danny Bonaduce and Sarah Morning Show. On the air, he addresses family law questions from listeners. One recent caller faces this very issue.

Related Reading: The Awkard Conversation of Prenuptial Agreements

Listen to the Conversation About Prenuptial Agreements Below

Caller: “[I’m] bout to get married. My fiance and I are very much in agreement that a prenup is the way to go, [that it is] absolutely the wisest decision for both of us. The thing is, that within a year or two of getting married we are moving to a different country permanently.

“We were wondering how we would go about getting a prenup that’s going to stay valid when we move? Do you know what that process is?”

Rick: “[I’m] not exactly sure, but we can talk this through. Whether it’s out of the country or out of the state, ultimately when people divorce, the law of the state is what applies. Now that being said, it’s kind of like a will in that if you don’t have a will, they’ve got a way to treat it.”

“So what you’re doing, in this case, is creating a contract. So you’re trying to tell the state of Washington, or wherever you go, is, ‘We don’t want to play by the rules you’re going to make us if we don’t agree.’ We’re saying, ‘Here’s our contract, here’s our agreement, here’s how we want this to play out.’

“Ultimately, each state is going to favor a contract. With prenuptial agreements, it’s a little bit different to the extent, if they’re looking at 15 years, 20 years, 25 years out, they may look at it and say, ‘You guys had no clue what you meant 25 years ago.'”

Danny: “And the court might make a decision?”

Rick: “Yeah, especially if one or the other is in a much more sympathetic position. Ultimately though to answer your question specifically, I would recommend that when you do get to that other country, contact an attorney in that country and say: ‘this is what we created and agreed upon but we don’t know your laws. Can we redraft [a prenuptial agreement] to get the same effect as what we were trying to do and have it be valid in your country?'”

Related Reading: What Celebrity Divorces Teach Us About Prenuptial Agreements

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