Prenup - I am a dual US and European citizen

[marcx]

I am a dual US and European citizen and plan to get married in Denmark. I need a premarital agreement that will be recognized in Europe and the US. Is this simple enough that a boiler plate form will do, and if so, where can I find it.

[AFFA]

I wish to inform you that your agreement will be valid. In the agreement you have to mention the things agreed between parties. Further in Denmark for prenuptial agreements there is no requirement as to form or legal representation except that they must be in writing. They must be registered at a district court which then procures registration in a national registrar. In the United States, prenuptial agreements are recognized in all fifty states and the District of Columbia. Generally in USA also a premarital agreement must be in writing, must be executed voluntarily, full and/or fair disclosure at the time of execution, the agreement cannot be unconscionable and it must be executed by both parties in the manner required for a deed to be recorded, known as an acknowledgment, before a notary public. Therefore you can have a written premarital agreement.

AFF

[Friend In Court]

NO! There is no simple boilerplate language for a prenuptual agreement that will be recognized in the U.S. Further, each party must have independent counsel before entering into the agreement or else it will be subject to challenge--and the agreement be defeated. The law is uniform throughout the states that each party has the right and need to be fully informed before entering a pre nuptual agreement for it usually, if not always, is a derogation of their rights to marital property as the statutes ensure. California has gone so far as to codify this requirement -- that both parties have separate, independent legal counsel.

One can appear before all the notaries they want, try to register it at a district court and still, without the parties having been properly advised, it will not stand. The above answer is totally incorrect.

[marcx]

Thank you, that was very helpful regarding the US. Could you elaborate similarly on the situation in Europe.