So I recently learned that prenups signed in one country isn't necessarily valid in a different country. So if you and your spouse signed a prenup in the country you live in right now, what if the two of you decided to relocate to a different country someday (for better job opportunities, or quality of life, etc)? Would you take the risk since the prenup would likely become invalid there?
8 comments
Wouldn’t it be possible to sign a postnuptial agreement within the country you relocate to?
We signed a prenup
If we moved…we would draft and sign another one valid where we live
Pretty simple
I didnt even move states for risking the prenup. I did consult a lawyer before one possible move.
OP, talk to a lawyer that knows legal procedures in both places. Or perhaps 2 lawyers for a consult. (One each place.)
But I would never move somewhere that would invalidate the prenup.
But you are not married in this country then. If you divorce, you need to go back.
I think this would depend who’s assets the prenup controls. If they protect yours, thats a risk youre taking. If they protect your spouses, then I guess it doesnt really matter.
I do have a prenup, if we were to divorce I wouldn’t get much, but thats fine. I married him because I love him, nothing else. If we moved, I would not be concerned.
I think it matters somewhat how long into the marriage this would happen—is it in its first year? Its third decade? To me those are very different scenarios.
It also matters what default property allocations are like in the place you’d be moving to. What “nightmare scenario” was your prenup intended to prevent, and how likely would that scenario actually be in your new home?
DON’T leave the country of the prenup!!!
Prenups are not legally binding in Ireland. They may look at them as a reference guide if both parties are agreeable, but they carry no legal standing. Same for postnuptial agreements. I believe the UK is the same.