Prenuptial agreements provide a foundation when two people agree on a variety of specific factors heading into their future together. A prenuptial agreement with a foreign spouse can prove to be a bit different because it requires careful consideration of factors such as disclosure requirements, language barriers, and jurisdiction factors. You also want to make sure your prenup falls in line with both countries' laws and is reviewed by legal experts in both jurisdictions.

If you’re considering a prenuptial agreement with a foreign spouse, Neptune can offer guidance in selecting an attorney who will ensure adherence to necessary standards. Let’s take a look at some of the factors that impact this process and some challenges you may encounter.

Bring Your Relationship Together in the US

A prenuptial agreement can be a necessary resource to help guide your future relationship. Perhaps you met online or while traveling and now you’re ready to start a new life together in the US. Before you get started, get a prenup put in place that provides the necessary clarity that is critical when starting a life together with a non-US citizen.

When someone enters the US, they must go through a formal process to be allowed to live here. It’s true that when you create a legally binding relationship in the US, this allows non-US citizens to live here. That’s fantastic for building your future together.

However, if you part ways, you need to be clear on what happens next. Specifically, as a citizen, you are sponsoring that person, meaning you accept financial responsibility for their being in the country. This also means that, even in the worst situation, you could be financially responsible for them even when you are no longer together.

A prenuptial agreement can help clarify expectations in this type of situation and, better yet, provide you both with the opportunity to have an open and honest conversation about your life together and your future. This way, you can start mapping out your life together and see where you meet when it comes to your financial goals and values.

Unique Challenges to Consider About a Prenuptial Agreement With a Non-US Citizen

Creating a prenup with someone from another country can be a bit more challenging than the same process with two citizens. That doesn’t make it impossible, but it does require some careful decision-making. Here are a few things to consider throughout this process.

1 English Language and Barriers

When entering into an agreement like this, both partners need to be clear on what steps they are taking and what specific information is being agreed to. If one person does not speak English, or it is not their first language, it is critical to ensure that the agreement is fully understood. To do this, have it translated, and in some cases, it may need to be negotiated in the language that both parties are comfortable understanding.

2 Affidavit of Support

An Affidavit of Support provides that the citizen is pledging financial support to the foreign spouse. This is an agreement with the US government. It remains in place even if the marital status changes. That’s why, from a prenup standpoint, you must consider the obligations the citizen will (or will not) maintain. It may be possible to include elements in the agreement that limit some of the risk to the citizen.

However, it is also important to consider the prenuptial agreement’s impact on your spouse’s immigration status. As a result, it is often best to speak to an attorney prior to formalizing your agreement since the specifics of your situation may be a factor.

3 Choice of Law

Another consideration you may not have thought about is which state law will govern the agreement. Before you move forward with where you live, think about a few deviations that could cause a concern.

For example, the laws in the state where you live govern these partnerships and relationships. They vary significantly as well from one country to the next and from one state to the next. Each jurisdiction has its own rules around the specifics of property division. However, if the spouse’s foreign home country has different rules, and you’ve created this agreement under those rules, that could impact decisions.

Foreign asset questions can be a concern in these agreements. Speak to your partner to get an idea of their needs and goals, and then explore these same topics related to the laws within that foreign location.

4 Notarization Issues

Another obstacle that could limit some access is notarization options. If your partner is overseas right now and you wish to enter into an agreement, it will be necessary to have that document notarized—a process that occurs in person between two people and a legally recognized professional. One option in this situation is to have your partner visit the local US embassy or consulate office where they live. This can help ensure that the agreement is legally binding.

There Are Considerations to a Prenup With a Foreign Spouse

Making these big decisions is exciting, but there are many factors to consider to ensure that you have a clear understanding of your goals and those of your partner and that you also understand the rules within the location where they live. Those may be significantly different than they are in the US.

You also need to think about the enforceability of a prenuptial agreement with a foreign spouse. Again, this is dependent on the location in which the spouse lives. With the guidance of an attorney, you will be able to minimize risks associated with any aspect of your agreement.

Neptune Can Offer the Help You Need

Plan for your future together. You met in a distant land and want to build a life together. With Neptune, you get some of the help and support you need to make that plan possible and to make things a bit less overwhelming. You just need to chat with Neptune now, get matched with a lawyer who’s already vetted, and execute your prenup in no time. Then, get back to planning for your future together.  Learn more about your future with a bit of help from Neptune.