If you got a prenup in a foreign country, will it hold up on U.S. soil?
It depends on the jurisdiction and court you’re working with.
Some U.S. courts are more willing to recognize international prenuptial agreements, but only if the prenup meets specific state requirements. More often than not, you’ll need to update your prenup to meet the criteria of whichever state you move to.
Let’s explore why you might get an international prenup, how it plays out in U.S. court, and my advice for making your international prenup work in California.
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Why Get An International Prenup?
Here are reasons why you may sign a prenup outside the U.S.:
1. You lived abroad when you got engaged or married.
While living in another country, you may have signed a local prenup to protect separate property or define how assets would be divided in the event of a divorce.
2. Your spouse is from another country.
In cross-cultural or international relationships, couples may draft a prenup in the spouse’s home country to align with family or legal expectations.
3. You own land or assets in the U.S. while living abroad.
While living in another country, your U.S. holdings (like real estate or a business) may require protection, and an international prenup was your first step.
These situations make international prenups a practical and necessary choice. But that doesn’t mean they’ll automatically be honored in the U.S. (or California).
How the U.S. Enforces International Prenups
In the U.S., each state enforces prenuptial agreements according to its own laws and/or per the Uniform Premarital Agreement Act. In California, your foreign prenup will be evaluated under California’s laws if you move (or return) here.
California courts look at several factors:
- Was each party represented by independent legal counsel?
- Was there full disclosure of assets and debts?
- Was the agreement signed voluntarily, without duress or coercion?
- Did the agreement comply with California’s formal requirements (e.g., being signed at least 7 days after the final version was first presented)?
- Are there any provisions that are unconscionable or against public policy of CA?
Even if your prenup was valid in another country, it may not be enforceable in California unless it meets these standards, especially since other countries follow very different rules of what can and what can’t go into a prenuptial agreement. And even then, something else within your prenup could give the court pause. For example, if a country allows certain marital lifestyle agreements or severe limitations on spousal support which would otherwise be unenforceable or invalid in CA, it could cause the entire agreement to be invalid at the time of divorce.
In other words, just because your international prenup exists doesn’t mean it’ll be honored.
That’s where proactive legal planning comes in.
“Translating” Your International Prenup to CA Law
If you live in California or plan to in the future, it’s wise to ensure your foreign prenup is enforceable here.
You typically have two options:
1. Review and Amend
Bring your international prenup to a California family law attorney who understands international marital agreements.
They can conduct a consultation that involves reviewing the contents of the prenup and suggesting amendments or additions to make it work under California law.
Or if you’re already married and are moving to California, consult with a attorney here to see whether or not it would beneficial to draft a postnuptial agreement to confirm your and your partner’s intentions.
2. Create a Mirror Agreement
In most cases, the best strategy is to work with a CA family law attorney to draft a California-based “mirror agreement”— a domestic prenup that reflects the key terms of your international one, but is written and prepared to comply with California’s standards and procedures.
This approach ensures the core intentions of your prenup are preserved while making them enforceable under local law. Think of it as translating your agreement into a “California dialect” without changing the message.
Final Thoughts
Don’t assume international prenups will automatically hold up in California Court.
The best move? Talk to an experienced attorney familiar with cross-border agreements and consider drafting a mirror agreement that aligns with state laws while preserving the integrity of your original prenup.
Have more questions? Book a consultation call with me today.