Prenuptial and postnuptial agreements are the most efficient and fastest way to avoid problems in case of divorce or separation.
They are generally essential, and particularly relevant when the spouses have different nationalities.
Such agreements may also be signed after the marriage has taken place, becoming applicable as of the time of signature.
- When the spouses are of different nationalities, it is essential to ascertain the laws applicable to the marriage and the competent courts first of all. Through this agreement, the first potential element of dispute in the event that contentious divorce proceedings were to be filed is removed, which is ascertaining the applicable Law and competent court, thus saving processing time and costs. Signing such agreements before marrying a person of a nationality other than our own is of vital importance.
- When one or both of the spouses own a significant amount of property or when there is a considerable income gap.
- When family heirlooms are envisaged to be donated to the spouses, or to either of them, or when expecting to receive a significant inheritance.
- If either party has a debt or liability that may affect the other.
- If either of them has children from a previous marriage.
- If either is a business owner.
If you are considering the possibility of drafting a prenuptial or postnuptial agreement, at Winkels Abogados, we are experts in Family Law and International Family Law and can advise you on all aspects that need to be included as well as the process for doing so.