Many couples today are finding love across borders, with one partner living in a different country. The global interconnectedness of our digital landscape has somehow made this possible. It is far easier to build and maintain relationships despite the distance. But it does not mean that other aspects of the relationship will be as easy as being able to communicate virtually.
What if a relationship in this setup leads to marriage? If couples would want to safeguard their assets and interests, they may need a prenuptial agreement. But even the most advanced technology cannot make differences in international divorce laws disappear.
International differences in divorce laws
People often seek international prenuptial agreements because divorce laws vary widely worldwide. Each country has its own rules for property division, spousal support and custody. These differences can lead to inequitable outcomes in the unfortunate event of a divorce.
To ensure that your rights and assets are protected, there should be clear guidelines that consider the laws of both spouses’ home countries. Doing so ensures a fair and consistent approach in case of divorce, regardless of where they live or decide to separate.
What is meant by equal differs
Here is a common example. In the United States, when a couple divorces, the things they get during their marriage are usually divided fairly, but not always exactly in half. In contrast, in Spain, they usually split everything right down the middle, sharing it equally between the spouses.
Without an international prenup, these differences can lead to unequal asset distribution. One of the couples may receive a smaller share of the assets than they might receive in Spain, where the community property system would lead to an equal split.
Seeking legal counsel
As our world grows smaller and more interconnected, international prenuptial agreements offer clarity and protection in potential divorce scenarios. However, crafting an international prenuptial agreement can be quite tricky because it involves knowing both family and international laws.
To make it easier, getting advice from a lawyer is a good idea. This is especially important if the couple plans to live in another country after marriage. If they have kids, lawyers can also help them figure out custody rules that are fair and considerate of their international circumstances.
