“International family law cases are among the most challenging areas of legal practice. They often involve proceedings in two or more countries at once, requiring careful coordination between legal systems, attorneys, translators, and courts. Jurisdictional issues are key—New York courts can only take a case if one of the parties is legally considered a resident of the state. When children live abroad, New York courts generally defer custody decisions to the courts in the child’s country of residence.”
— Elena Giannattasio | Founder, Multi-Jurisdictional Divorce
International couples planning to marry often underestimate the complexity of creating a prenuptial agreement that must withstand scrutiny across multiple legal systems. While domestic prenups already require careful drafting to avoid malpractice risks, the challenges multiply significantly when clients have ties to more than one country. In cross-border situations, an international prenuptial agreement becomes not only essential, but potentially hazardous, if not crafted with precision, cultural awareness, and an understanding of global family-law systems.
Despite globalization shrinking borders socially and professionally, divorce and family laws remain deeply local, jurisdictional, and inconsistent. The rules governing support, asset division, or prenuptial enforceability can differ dramatically from one country to another. Courts also vary widely in how they view agreements, how strictly they enforce them, and what procedural requirements they consider indispensable.
For this reason, assuming that a prenup valid in New York or California will automatically be upheld abroad is a serious, and sometimes catastrophic mistake.
International issues arise not only when spouses come from two different countries but whenever either party maintains meaningful ties to another jurisdiction. Increasingly, couples seeking a prenup involve:
Consider, for example, a New York–based tech executive engaged to a partner working between San Francisco, London, and Singapore. Both hold U.S. and EU financial accounts, one owns property in Italy, and both anticipate future assignments in the Middle East. A conventional U.S. prenup would be grossly insufficient, and potentially unenforceable, in several of these jurisdictions.
In a recent matter handled by my firm, the parties were U.S. citizens living in Dubai, one with dual French nationality and assets in Los Angeles, and the other owning inherited property in Tuscany. They anticipated future relocations to the U.S. West Coast or the EU. This required coordinated drafting with counsel in California, New York, France, Italy, and the UAE, ensuring both substantive and procedural compliance across all potential jurisdictions.
While such coordination is time-consuming and costly, it is far less expensive than litigating enforceability later. As the saying goes, “Do it right now, or pay far more later.”
An international prenuptial agreement often needs to account for enforceability in multiple places, including:
A thoughtful and preventive approach is essential. Failure to anticipate even one likely jurisdiction can undermine an otherwise carefully drafted agreement.
A core element of any international prenup is the selection of governing law. The choice of law must be made deliberately, not by default, and only after analyzing how selected and competing jurisdictions treat:
In some cases, a broad clause is necessary to ensure the selected jurisdiction’s substantive and procedural law governs. In others, local courts may disregard the parties’ chosen law entirely if it contradicts local public policy.
This analysis underscores why couples frequently seek guidance from an international prenuptial agreement (prenup) lawyer in New York or San Francisco, where cross-border relationships and global mobility are common.
Drawing from years of handling cross-border agreements worldwide, the following principles are essential:
An international prenup is far riskier than a standard domestic agreement. Only practitioners with experience, or those actively collaborating with an international family lawyer, should handle these matters.
A central point of contact prevents confusion and conflicting advice across jurisdictions.
A proper agreement requires collaboration with lawyers in each relevant country.
Clients must understand where you are admitted to practice, and what guidance must come from local counsel in other countries.
Cross-border drafting requires coordinated, multi-jurisdictional input.
Confidentiality rules differ significantly across legal systems.
Foreign lawyers may require upfront payments or periodic retainer replenishment.
Seemingly familiar legal terms may carry different meanings abroad.
This includes considering renvoi, something many lawyers have not revisited since law school.
Migration, employment changes, acquisitions, or children’s residency can all affect enforceability.
Sometimes more than one agreement—each compliant with a different legal system—is necessary.
When in doubt, comply with the toughest procedural and substantive standard.
Applications may be surprisingly narrow—or overly broad.
Disclosure rules, for example, vary widely.
No lawyer can guarantee how a foreign court will interpret a prenup years later.
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International prenuptial agreements are invaluable tools for globally connected couples, but they are fraught with risk for those who approach them casually or without the necessary expertise. An international prenup must be handled with significant care, cross-border coordination, and deep knowledge of multi-jurisdictional family law.
For couples with lives spanning multiple countries, working with an experienced international prenuptial agreement (prenup) lawyer in New York or San Francisco is the most effective way to ensure their agreement is valid, enforceable, and protective—wherever life may take them.
For couples preparing to marry, cross-border lives often bring unique legal questions long before the wedding takes place. Many prospective spouses in global cities like New York and San Francisco maintain ties to multiple countries—whether through foreign real estate, overseas businesses, international investments, or inheritance governed by non-U.S. succession laws.
Because these assets and connections fall under different legal systems, engaged couples frequently seek the guidance of an international prenuptial agreement lawyer. The goal is not to create conflict, but to create clarity. A carefully drafted international prenup helps prospective spouses define their expectations, protect assets, and ensure that their agreement can be recognized and enforced across all relevant jurisdictions.
By planning ahead with an international prenuptial agreement (prenup) lawyer in New York or San Francisco, couples can enter their marriage with confidence, transparency, and a shared understanding of how their global lives will be managed legally.
When couples span different countries or hold assets across borders, a prenuptial or postnuptial agreement must do more than just outline finances — it must anticipate legal systems, jurisdictional differences, and enforceability. At Multi-Jurisdictional Divorce, PLLC, we draft international prenuptial and postnuptial agreements with precision and foresight, integrating global legal principles while protecting what matters most to you. Elena Giannattasio brings deep experience in aligning cross-border contracts, ensuring that your agreement is clear, enforceable, and strategically sound.
When couples span different countries or hold assets across borders, a prenuptial or postnuptial agreement must do more than just outline finances — it must anticipate legal systems, jurisdictional differences, and enforceability. At Multi-Jurisdictional Divorce, PLLC, we draft international prenuptial and postnuptial agreements with precision and foresight, integrating global legal principles while protecting what matters most to you. Elena Giannattasio brings deep experience in aligning cross-border contracts, ensuring that your agreement is clear, enforceable, and strategically sound.
Contact attorney Elena today at +1 213-314-4244 or Elena@multi-jurisdictionaldivorce.com to safeguard your rights and achieve lasting resolutions for your family, wherever life takes you.
Country By Country Information About PRENUPTIAL-POSTNUPTIAL Agreement
By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC France permits prenuptial agreements, but they must be executed before a notaire, who has a legal duty to advise the parties. The French Civil Code (Articles
By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC Prenuptial agreements are fully enforceable in Finland, and spouses may also elect in advance which jurisdiction’s law will govern their marriage, provided at least one spouse
By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC Estonia expressly authorizes marital property contracts, whether signed before or during marriage. Under the Estonia Family Law Act §§ 8–13, spouses may decide: ● What property
