Prenuptial Agreement Foreigners

  • Dicembre 15, 2020

One of the main advantages for the international population is that a marital agreement could drastically simplify a future divorce that might otherwise be overly complex or confusing. All couples, regardless of wealth and financial conditions, can obtain benefits in clarifying a conjugal agreement. You can determine financial rights and responsibilities, either during or after marriage (in the event of divorce or separation). The agreement of both parties is necessary to terminate the contract or change something. No unilateral redundancies are planned. Any modification of the contract or its termination must be certified notarized. A prenup is also required to be registered in a district court. If the agreement is not recorded in the district court, it is presumed that there is no marriage agreement. So your marriage will be co-ownership. Article 152 of the Civil Code states that “no provision of the term agreement that departs entirely or partially from the provisions relating to the legal property of the Community applies to third parties, before the date of the reproduction of these provisions in a public register, which is done with the clerk of the Court of Justice where the marriage was performed.” Keep a copy of all drafts of the documents so that there is a data set that you have verified for each project. Keep all designs, matches and notes so that the file reflects the negotiations and the various revisions that result. Project name and numbering in the following order, z.B. “Design number three.” This registration will be very useful if the agreement is challenged at a later date.

After negotiating the agreement, make sure you understand its terms and the importance of their support. An agreement approved in its entirety by both parties will be more effective. The agreement itself can be reached before the marriage breaks down or if prior notification is made. It comes into effect from the date of registration of the marriage or after the certification (if the marriage is already registered). For couples who are not officially married (and who do not leave), the marriage agreement is not provided. Section 21 of the Property (Relationships) Act 1976 expressly authorizes married and de facto couples to enter into opt-out agreements on the status, ownership and division of their property, including future real estate.