Dealing with Multiple Jurisdictions
Some countries do not recognize the validity of prenuptial agreements, while other jurisdictions will adhere quite strictly to the provisions stipulated in the "prenup." It is wise to do some research in order to better predict whether a foreign court will uphold all of the provisions of a prenuptial agreement or if the relevant foreign law even recognizes them in the first place. If a prenuptial agreement is signed in a jurisdiction that does not recognized its validity then the agreement may be thrown out by a later court that otherwise would have adhered to it, for this reason it may be wise to consult an attorney in an effort to ascertain if the jurisdiction will recognize the agreement and therefore a later court will not be compelled to disregard it.
Locking in Choice of Forum Provisions
Choice of Forum provisions in a prenuptial agreement are clauses which stipulate where the agreement will be adjudicated if and when the parties decide to dissolve their marriage. There are some who are of the opinion that stipulating a forum at the outset is a prudent course of action. There are some cases in which a choice of forum provision is a necessity in the premarital agreement. The major downside to this practice is the fact that it locks the parties into a specific forum rather than allowing them to choose their forum at the time of the dissolution which can be much more convenient for all concerned.
The Uniform Prenuptial Agreements Act
The UPAA is a uniform act which currently has been enacted in the following states: Arizona, Arkansas, California, Connecticut, Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas, Utah, Virginia, and Wisconsin.
A pre-nup is not the end all and be all when it comes to property distribution resulting from marital dissolution. Prenups are usually quite a powerful tool for protecting property rights and limiting excessive spousal support.
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