Can a Florida prenup cover assets in another country?
Quick Answer: Yes. A Florida prenup can cover property anywhere in the world, but whether another country will honor it is a question for a lawyer in that country.
Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts and reviews Florida prenuptial and postnuptial agreements, in English or Spanish: (305) 482-1262.
Attorney advertising. General information, not legal advice. Dramatization: actors, plus Nadia Pazos as herself.
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Video transcript
0:00 Can a Florida prenup cover assets in another country?
Can a Florida prenup cover assets in another country? Yes, Florida lets it cover property anywhere. But whether another country will honor it is a question for a lawyer there.
0:12 Can a Florida prenup cover property abroad?
Florida's prenup law covers property wherever it is, and whenever you got it. A house overseas. A foreign bank account. A share in a family business abroad. All of it can be covered by the same Florida agreement.
0:25 Do we have to list foreign assets?
Foreign assets should be listed too. Each of you should share a full list of your money, property and debts, in every country. Missing financial disclosure can matter if the prenup is ever challenged in a divorce. Tax reporting of foreign accounts is separate. Your tax adviser handles that.
0:41 Which country's law will apply?
A Florida prenup can say which state's or country's law applies to it. But a court in another country may still apply its own rules. And there's no treaty that makes other countries honor a Florida prenup.
0:55 Will another country honor a Florida prenup?
Whether another country honors it depends on that country. Some won't accept an agreement that only follows Florida's rules, and some require signing before a notary there. So talk to a lawyer in that country. Some couples sign two matching agreements: one for Florida, and one for the other country.
1:12 How does it have to be signed?
A Florida prenup must be in writing and signed by both of you. If you live in Florida and give up rights at death, that part needs two witnesses. Plan the signing before anyone signs, especially if you'll sign in different countries.
1:24 What if one of us reads another language better?
If one of you reads another language better, plan for that early. Get a proper translation, so you both understand what you sign. A machine translation isn't a safe substitute. Keep a record of which version each of you read, and who translated it.
1:40 We're marrying on a K-1 visa. Does the prenup change the immigration support promise?
Don't assume a prenup changes the immigration support promise. The I-864 support form in a family immigration case is a promise to the federal government. A Florida prenup is a state agreement between the two of you. So get advice from an immigration lawyer on that part. Pazos Law Group prepares and reviews Florida prenups for couples with ties to more than one country, in Coral Gables or by video, in English and Spanish. Visit pazoslawgroup.com. Attorney advertising. General information, not legal advice.