When drafting a prenuptial (before marriage) or marital agreement (after marriage), it is vital to have the advice and assistance of an experienced lawyer if the agreement is going to address assets located outside the United States, or if a couple wishes for the agreement to be enforceable both in Texas and in a foreign country.
This is a highly complex area of the law that requires expertise in Texas law and the law of the foreign jurisdiction at issue. Some foreign jurisdictions do not recognize or allow prenuptial or marital agreements. Other jurisdictions require certain formalities that are not required under Texas law.
Knowledgeable Guidance For Americans And Foreign Nationals
Texas allows election of law clauses and is likely to enforce prenuptial agreements and marital agreements signed in foreign countries with or without election of law clauses. It is not uncommon for Texas lawyers to have little if any experience with enforcing or challenging foreign prenuptial agreements and/or marital agreements. These agreements are often not in English, and are statutory in nature. If you have entered into a prenuptial agreement or marital agreement in another country, it is imperative that you retain counsel who is experienced when it comes to the enforcement of these agreements in Texas.
If it is your intent to enter into an agreement in Texas that is enforceable in a foreign jurisdiction, it is also important that you retain counsel who has the experience and resources necessary to draft such agreements.
The experienced legal team at Laura Dale & Associates, will carefully draft or review your agreement and will marshal the resources necessary to assure that you maximize the likelihood that your agreement will be enforceable in more than one jurisdiction. We can also explain what happens if you have a prenup when you divorce.
Consult Laura Dale For Help With These Agreements
When you need a family law attorney to draft or review these sophisticated property agreements for you, contact Laura Dale & Associates Schedule an initial consultation with our Houston office.
We speak French and Spanish and can arrange for an interpreter and translation services when needed.
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