Prenuptial agreements are strongly advised for those entering into an international marriage or a marriage where the spouses expect to reside internationally. International prenuptial agreements may also be used as estate planning devices.
One of the most important things to consider is the effect of jurisdictions on a prenuptial agreement. That is, different places abide by different laws with regard to property value, distribution, and other laws surrounding divorce, so couples getting married who have different nationalities, who are or may become expatriates, or who maintain property in various jurisdictions, should consider the impact of such different jurisdictions in the event of a divorce.
Another important facet of the agreements is the choice of law clause. In some cases, it is possible to select the governing law in a prenuptial agreement, although this must be carefully evaluated and the effects considered.
It is important to realize that not all jurisdictions allow pre-nuptial agreements to be enforced and that the requirements for prenuptial agreements to be enforceable also vary among international jurisdictions and even, to some extent, within the states of the U.S.