ItalyDespite the rare case law on such agreements, it is possible that the general principles of contract law require that contracts concluded with a view to imminent divorce be considered null and void on grounds of public policy. (Cass. civ., 11 agosto 1992, n., 9494, cit., note 35 above: „È nulla, per illicità della causa, la transazione circa i rapporti economici che sia interveneta tra i congiugi prima del procedimento di divorzio.“). Once signed, the agreement requires the sponsor to financially support the immigrant from the sponsor`s own funds. It requires the sponsor to reimburse any federal, state, or local agency for any „average“ public service provided to the immigrant. Jurisdiction clauses are widely upheld by Japanese courts. Their validity in prenuptial agreements that exclude the jurisdiction of japanese courts may be maintained if the matter in question does not fall within the exclusive jurisdiction of the Japanese courts and if the court designated in the agreement would have independent jurisdiction over the matter under the law applicable in that jurisdiction. A prenuptial agreement in Florida is unenforceable if a potential spouse signed it under duress. If a prenup is created and signed just before a marriage to a foreign person, it may appear that it was signed under pressure and not voluntarily — which may signal to the government that the marriage was arranged in a hurry and therefore more than one deception, according to a Boston Globe article. Each state prohibits you from including something illegal in your marriage contract. In fact, it can result in all or part of the wedding book being set aside.
TURKEY Marriage contracts are allowed in Turkey. There are three types of optional arrangements: separation of assets, participation in separate assets, and partnership in assets. Prenuptial agreements are only part of how to ensure your estate plan is executed as you see fit. Keep in mind that you also need to create and secure other documents such as wills and living trusts. NORWAYThe spouses may conclude binding agreements on maintenance and other matters before or after divorce or during divorce proceedings. See e.B Norwegian Marriage Act, section 83. A spouse may agree to waive his or her future claim for maintenance as long as this is not the case with respect to a hypothetical future divorce. TurkMENS is reported that a foreign man who wants to marry a Turkmen woman must first sign a marriage contract with the proposed spouse on the basis of a model provided by the state.
RUSSIAThe prenuptiality agreements are enforceable. See „Grounds for divorce and maintenance between ex-spouses: Russia“ by Dr. Masha Antokolskaia: www2.law.uu.nl/priv/cefl/Reports/pdf/Russia02.pdf. The situation in which the marriage contract separates the property of both spouses or revives subsequent maintenance or inheritance rights could also be a matter of concern. Immigration authorities may view the intention to keep assets separate or not supporting each other as a sign of a fraudulent marriage, as most couples want to mix their assets to some extent and support each other after death. HONG KONGE does not know how effective marriage contracts are under Hong Kong law. Section 7 of the Hong Kong Matrimonial Procedures and Property Ordinance (MPPO) sets out the relevant factors to be considered by a court in resolving financial problems between departing spouses. While marriage contracts do not need to be enforced in Hong Kong, if both parties were represented by a lawyer at the time of signing and the documents were signed well before the actual date of the marriage, they can be of considerable probative importance.
However, many lawyers in Italy dispute this view. The difficulties arising from the refusal of the validity of such contracts are mitigated by the availability of the „separazione dei beni“ agreement, which can be implemented before marriage. This can only cover property acquired by one of the parties during the marriage. One of the functions of a prenup that some couples use is to agree before marriage on how to handle alimony payments in the event of a future divorce. However, immigration law requires the U.S. spouse to financially support their foreign spouse until they become a citizen or work for 10 years, even beyond a divorce. If the parties agree in their prenuptial agreement to determine in advance the terms and amounts of support at the time of divorce, will they have to pay that support in addition to immigration support, or could a payment meet both obligations? Marriage contracts concluded under foreign law and valid under that law may be enforceable in Italy, unless they are void on grounds of public order. Prenuptial arrangements, maintenance and immigration support The Brønnøysund Registration Centre, Norway`s central registration authority, contains a marriage register.
This register contains agreements between spouses who regulate their property in a manner other than that which automatically results from matrimonial law. If, for example, the spouses want to register the separation of property, they must enter into a marriage. If the marriage is intended to provide protection against creditors, it must be registered in the marriage register. The same provisions apply to registered partners. SOUTH AFRICA Marriage contracts in South Africa are enforceable. Netherlands, the parties can conclude a marriage contract at the time of the conclusion of their marriage (or during the marriage itself), but in the latter case, the consent of the courts is required. They can choose between one of the three models described in the Code or regulate their ownership with certain restrictions at will. The marriage contract must be in the form of a notarial deed and registered in a matrimonial register. See Antokolskaia & Boele-Woelki, „Dutch Family Law in the 21st Century: Trend-Setting and Straggling behind at the Same Time,“ Volume 6.4 Electronic Journal Of Comparative Law (December 2002). The Netherlands is a party to the Hague Convention on the Law Applicable to Matrimonial Property Regimes, which approves in particular marriage contracts.
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