The Myth of Cross-Border Asset Protection: US Recognition of Civil Law Marital Property Regimes and Prenuptial Agreements

Clients from civil law countries, or even those who marry in those jurisdictions, may have executed paperwork designating a “marital property regime” at the time of their marriage. These designations range from checking boxes on marriage licenses to engaging civil law notaries to formally draft a contract that disposes of the spouses’ property upon divorce. This paperwork may look nothing like the more formal pre- and post-nuptial agreements drafted in U.S. states to protect assets between spouses, and may not include formal disclosures. Are these designations of how to divide property enforceable in a divorce in your U.S. state? How do you even understand what your clients contracted in another country? Speakers will discuss what family lawyers should look for when their clients may have designated a marital property regime, including the typical path clients take to make this designation, the options available to clients, and the formalities (or lack thereof) when doing so. Speakers will then discuss what to do with these arrangements in a U.S. state court divorce proceeding, and explore options for arguing for and against the recognition of these civil law designations.