A judge has ruled that a prenuptial agreement signed by a bride three days before her wedding, was done so under duress reports The Courier Mail.
The bride told the court her husband to be told her the wedding would be off if she didn’t sign the prenup and so she felt obliged to do so. The agreement said each spouse would retain their own assets if they separated. At the time the wife only had a car, which has since been sold to pay for the family’s care, while the husband had property and a substantial amount of money.
The court heard the husband now has a $330,000 property, the former matrimonial home worth $725,000 and a business valued at $283,722.
In an era where it’s expected that almost half of all marriages will end in divorce, prenuptial agreements may provide a valuable tool for asset protection and the avoidance of future disputes and litigation.
However in an era where the world also seems smaller than ever it is important that any prenuptial agreement takes into account international jurisdictions.
Prenuptial agreements are not common in Japan, however Japan does have extremely detailed laws governing their application. This distinguishes Japan from many other countries, such as the United States where the laws are not clear cut, and can leave many couples finding their agreements are invalid.
Japan has extremely detailed laws that govern the conflict of law issues of international prenuptial agreements. Conflicts of law arise w here there are two or more countries that have an interest in the case or jurisdiction to decide a case and they have conflicting laws to apply to the case.
The Sydney Morning Herald reports that a husband is seeking to have a $3.2 million prenuptial agreement overturned on the premise that his former spouse, a pole dancer, lured him into marriage with false promises of sex and children.
The case was dismissed at first instance as the trial court found that the husband had reuqested the prenuptial agreement because he had experienced a protracted property settlement with his first wife, which resulted in him handing over more than $6 million.
It has been announced by the European Commission, that Greece will adopt the rules of the EU with regards to international divorce proceedings. It is hoped this will allow legal certainty and for international couples to apply the most favorable legislation to their situation the Greek Reporter has revealed.
The regulation will not affect the national laws on divorce or marriage, nor will it impact on the adoption rules.
It is a common occurrence for Thai nationals to marry non Thai citizens, and so international divorce in Thailand is sadly often seen. If there is a discrepancy in Thailand divorce proceedings as to which jurisdiction should apply, then the Thailand Conflict of Laws Act will apply. The Act is divided into six main titles each devoted to a specific area of the law, which aims to resolve any international conflict of laws in Thailand.