In today’s interconnected world, where transportation and technology have made global mobility easier, more individuals are immigrating to the United States with foreign marriage contracts from their home countries. These contracts often carry commitments that individuals are obligated to honor, regardless of where they currently reside.
The attorneys with the Law Office of Bryan Fagan, PLLC represent clients from different backgrounds. They are from different walks of life and would like to share some information with you that pertains to foreign marriage contracts and whether they can be enforced within the United States and more specifically the State of Texas.
As it is in the United States, most pre-marriage contracts have to do with property. Specifically, how it will be allocated in the event of divorce or the death of a spouse. The question is whether or not a foreign contract such as this will be enforceable in the United States. Whether or not the contract is enforceable upon filing for divorce in this country is what I will seek to explain today.
What types of pre-marital agreements exist?
There are essentially two types of pre-marital agreements that can be entered into by spouses: Prenuptial Agreements and Religious Agreements. We can go through each before discussing whether or not they can actually be enforceable in a U.S. court.
Prenuptial Agreements
These are marriage contracts entered into that determine how property is distributed upon the divorce of the parties or the death of one party. If you desire eventually to come into the U.S. and have this contract upheld, it is best to have the document drafted by an attorney to give the contract further legitimacy.
These types of agreements are common in the United States as well and essentially act as a Final Decree of Divorce solely on the property issues in a marriage.
In fact, your Final Decree will most likely reference your Prenuptial Agreement by name and have that document attached as an exhibit for a Court to review prior to finalizing your divorce.
Religious Agreements
The covenants made in Religious Agreements tend to be more all-encompassing than what you see in Prenuptial Agreements. Rather than dealing solely in matters of property distribution, religious agreements can delve into subjects like how a dowry is to be spent or allocated if the marriage ends in divorce and which spouse will end up with the children if the marriage ends for any reason.
Appellate Courts in the U.S. have ruled both in favor and against the enforceability of these types of pre-marital agreements. So, I’m not able to say with certainty how yours would fare if put through the scrutiny of a legal review by a judge in the U.S.
How to increase the odds of your foreign marital contract being enforceable in Texas
A provision in the contract stating that the law of your country governs the agreement is a good start. That way, a court here has the option to apply the law of whatever State you reside in. This isn’t a guarantee of its enforceability but it is a good place to start.
In general, if both sides are represented by counsel in their home country and have disclosed and made available all of their assets to the terms of the contract this too will give a judge reason to consider the document as one that can and should be enforceable in the U.S. A statement contained within the contract that both parties have entered into it with full understanding of its meaning and under no duress or fraud is another straightforward way that you may be able to increase the chances of the contract being enforced in Texas or the U.S. more broadly.
What you can do to get divorced in Texas if you were married in a foreign country
To file for divorce in Texas, you must fulfill residency requirements. You must have lived in the state for six months and in the filing county for ninety days. Meeting these criteria enables you to initiate divorce proceedings in Texas.
However, dissolving the marriage in Texas is just the beginning. The enforceability of provisions outlined in the Final Decree of Divorce concerning property owned by either spouse in their country of origin presents a separate challenge.
Consider the case of a client we represented. He is a Texan who married a Colombian woman in the U.S. and later relocated to Colombia after the wedding. Upon returning to the United States, our client filed for divorce here, while his wife initiated divorce proceedings in Colombia.
Serving divorce papers to his wife in Colombia required coordination with Colombian authorities. This is facilitated by a United Nations treaty that expedites notice provision to spouses in foreign countries. It happens when divorce proceedings are initiated in the United States.
To handle the divorce proceedings in Colombia, we advised our client to retain a local attorney. This allowed him to be represented by someone familiar with the legal landscape in Colombia. Since all the couple’s property was situated there, the Colombian attorney primarily handled the proceedings. Our client’s collaboration with our office enabled him to obtain a legal divorce in Texas. It provided him with the freedom to engage in business and social activities without the legal constraints of marriage.
Conclusion
Navigating the intersection of foreign marriage contracts and divorce in Texas can be complex. As the world becomes more interconnected, people often relocate across borders. This makes it essential to understand the legal implications of foreign marriage contracts. Texas, like many states, has specific divorce laws and procedures. These laws may vary depending on the circumstances of the marriage and jurisdictional challenges.
Addressing issues like establishing jurisdiction and ensuring the enforceability of foreign marriage contracts requires expert legal guidance. Individuals seeking divorce in Texas must work with attorneys skilled in both family law and international matters. By carefully considering these complexities and understanding their rights, individuals can navigate the divorce process while respecting the terms of their foreign marriage contracts.
Contact the Law Office of Bryan Fagan, PLLC with questions on Foreign Marriage Contracts
If you were married in another country and wish to divorce your spouse in Texas, the Houston divorce attorneys with the Law Office of Bryan Fagan, PLLC can offer you advice based on our years of experience representing clients in similar situations. Consultations on family law matters are free of charge and the information you can gain greatly benefits you and your family.
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Frequently Asked Questions
Yes, non-residents can get married in Texas. The state allows both residents and non-residents to obtain a marriage license and tie the knot within its borders.
No, there is a waiting period in Texas between obtaining a marriage license and getting married. The waiting period is typically 72 hours, but it can be waived under certain circumstances.
Yes, immigrants can get married in Texas. Immigration status is not a requirement for obtaining a marriage license or getting married in the state.
Yes, Texas generally recognizes foreign marriages as long as they are valid under the laws of the foreign country where the marriage took place. However, there may be specific legal requirements that need to be met for recognition.
Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyer
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with a Spring, TX Divorce Lawyer right away to protect your rights.
A divorce lawyer in Spring TX is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
