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Prenuptial Agreement With Foreign Spouse Template for United States

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Key Requirements PROMPT example:

Prenuptial Agreement With Foreign Spouse

"I need a Prenuptial Agreement With Foreign Spouse for my upcoming marriage in March 2025 to my Brazilian fiancรฉe, with specific provisions for protecting my tech startup in California and addressing her property holdings in Sรฃo Paulo."

Document background
A Prenuptial Agreement With Foreign Spouse is essential when a U.S. citizen plans to marry a foreign national. This document addresses unique challenges including international property rights, immigration considerations, and cross-border financial obligations. It must comply with U.S. federal and state laws while considering international implications. The agreement typically includes provisions for asset protection, spousal support, and property division, with special attention to international enforcement and cultural considerations. It requires careful drafting to ensure enforceability across jurisdictions and often needs certified translations.
Suggested Sections

1. Parties: Identification of both spouses, including citizenship status and current residences

2. Background: Context of the agreement, including intended marriage date and citizenship/residency status

3. Definitions: Key terms used throughout the agreement, including jurisdiction-specific and international terms

4. Separate Property: Detailed listing of each party's pre-marital assets and property

5. Marital Property: Definition and treatment of property acquired during marriage

6. Financial Obligations: Rights and responsibilities regarding debts, expenses, and financial support

7. Governing Law: Specification of applicable jurisdiction and choice of law

Optional Sections

1. Immigration Provisions: Specific clauses related to immigration status and requirements when one spouse requires immigration sponsorship

2. International Property: Provisions for property located in foreign jurisdictions when either party owns property in other countries

3. Cultural Considerations: Specific provisions related to cultural or religious requirements when parties have specific cultural or religious requirements

4. Language Provisions: Specifications about official language versions of the agreement when one party's primary language isn't English

Suggested Schedules

1. Schedule A - Financial Disclosure (Party 1): Detailed list of first party's assets, liabilities, and income

2. Schedule B - Financial Disclosure (Party 2): Detailed list of second party's assets, liabilities, and income

3. Schedule C - Foreign Assets: Detailed list of assets located in foreign jurisdictions

4. Appendix A - Translation Certificate: Official translation certification if agreement is in multiple languages

5. Appendix B - Independent Legal Advice Certificates: Certificates confirming both parties received independent legal advice

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Immigration and Nationality Act (INA): Federal law governing immigration and citizenship requirements that may affect the foreign spouse's status and rights in the United States

International Marriage Broker Regulation Act (IMBRA): Federal regulations concerning international marriages, including disclosure requirements and protections for foreign spouses

Defense of Marriage Act (DOMA) Provisions: Remaining federal provisions affecting marriage recognition and interstate marriage rights

Uniform Foreign Money-Judgments Recognition Act: Federal framework for recognizing and enforcing foreign monetary judgments in the United States

Uniform Premarital Agreement Act (UPAA): State-specific adoption of uniform laws governing prenuptial agreements, including formation, content, and enforcement requirements

State Marriage and Divorce Laws: Local state regulations governing marriage, divorce, and property division that may affect prenuptial agreement terms

State Property Laws: State-specific regulations regarding property division (community property or equitable distribution) that influence agreement terms

State Contract Laws: Local state requirements for valid contract formation, including capacity, consideration, and enforcement

International Treaties: Relevant international agreements affecting marriage, property rights, and contract enforcement across borders

Foreign Country Marriage Laws: Legal requirements and restrictions from the foreign spouse's home country that may affect the agreement's validity

Document Translation Requirements: Legal requirements for translating the agreement into the foreign spouse's native language for validity

International Property Rights: Laws governing property ownership and transfer across international boundaries

Financial Disclosure Requirements: Mandatory complete disclosure of assets, liabilities, and financial obligations for both parties

Independent Legal Counsel Requirement: Need for separate legal representation for each spouse to ensure agreement validity

Execution Timing Requirements: State-specific requirements for minimum time between agreement signing and marriage ceremony

Notarization and Authentication: Legal requirements for document verification, including potential need for apostille or international authentication

Choice of Law Provisions: Specifications regarding which jurisdiction's laws will govern the agreement interpretation and enforcement

Jurisdiction Clauses: Determination of which courts have authority to hear disputes related to the agreement

Public Policy Considerations: Ensuring agreement terms don't violate public policy in either jurisdiction to maintain enforceability

International Enforcement Mechanisms: Procedures and requirements for enforcing the agreement across international borders

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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