This is a standard procedure in Pakistan. It is not necessary. A simple marital arrangement can ensure the bride`s future interests. Chaninat- Leeds, a Thai law firm founded in 1997, specializes in Thai international marriage contracts. The difficult terms to choose from in a marriage contract are conditions relating to custody and citizenship of children. While the courts may consider it, custody of children is generally decided on what is in the best interests of the child. Similarly, citizenship is generally granted at the discretion of the country and governments, not the spouse who has nationality. When updating a marriage agreement, it is important to ensure that all relevant bodies of the original marriage are also informed and updated of the amendment. In Chaudrey v Chaudrey, a New Jersey court reviewed a couple`s former Pakistani divorce proceedings.
After establishing that the divorce was valid, the court considered the couple`s marital agreement. The preliminary contract had been signed in Pakistan. It contained a clause limiting the woman`s financial rights to only 15,000 rupees ($1,500) when the marriage was dissolved. The court found that Pakistan`s criminal history laws would apply to the agreement, as it had been signed in Pakistan. Pakistani law does not allow marital agreements to provide sub-life to a spouse. The court found that the 15,000 rupee clause in the marriage agreement was a form of subdation. The court justified this decision on the grounds that the marriage agreement in New Jersey was not valid because it was not valid under Pakistani law. The Mehtar/Mehtar court has taken an international marriage agreement a little differently. In that case, a Connecticut court considered a marriage agreement that had been signed in South Africa. The couple specifically entered into the agreement to opt out of South Africa`s marital real estate system. The court conducted a balancing test to determine which laws in the country would apply to the agreement.
The test was to balance seven different objectives of public order (the needs of intergovernmental and international systems, the Relevant Policies of the Forum, the relevant policies of other interested states and the relative interests of those states in determining the issue concerned, the protection of legitimate expectations, the fundamental policies underlying the legal field, security, predictability and uniformity of the outcome, and the ease of determination and application of the applicable law). . The court emphasized the importance of the parties` expectations and the need for the parties` security in the results. The court found that the couple`s expectations outweighed Connecticut`s interests and enforced South African law. The court found that the agreement was valid under South African law and would therefore be applied in Connecticut. If a pre-contract is something you and your partner may be interested in, be sure to talk to each other well before the engagement or wedding. Try to sketch in general the fortune of each party and the general terms and conditions that the contract must have. Note that if the parties do not disclose their assets in a complete and honest manner, the agreement should not be decided in court. Then, each party should hire a separate lawyer so that the lawyers can work together to write the final contract.
There are also a number of online submission agreements for those who want to save on a lawyer`s fees.