international family law
Prenuptial agreements are recognized and legally enforceable in Portugal, provided they comply with certain formal and substantive requirements. Portugal is a signatory to the Hague Convention on the Law Applicable to Matrimonial Property Regimes, which explicitly acknowledges the validity of prenuptial agreements and allows couples to choose the applicable law governing their marital property regime.
In Portugal, a prenuptial agreement—known locally as an “ante-nupcial agreement”—must be executed before a notary public and registered prior to the marriage in order to be valid. These agreements can define how assets and liabilities will be managed during the marriage and divided in the event of divorce or death. Portuguese law allows couples to opt for different types of property regimes, including community property, separate property, or a mixed regime, and these preferences must be clearly stated in the agreement.
Our office has extensive experience drafting and reviewing prenuptial agreements involving both the United States and Portugal. These cross-border agreements require careful coordination between legal systems, and we take a comprehensive approach to ensure enforceability in both jurisdictions.
In every case, we collaborate closely with qualified legal professionals in Portugal and the United States to verify that the agreement complies with the legal standards of both countries. This includes addressing issues such as notarization, translation, proper jurisdiction, choice of law, and full financial disclosure from both parties.
Additionally, we make sure that the agreements are not only legally sound but also aligned with the couple’s personal intentions and long-term plans. Cultural differences and varying legal interpretations can affect how courts view prenuptial agreements, which is why our firm emphasizes clarity, transparency, and fairness in every document we prepare.
Whether you are a U.S. citizen marrying in Portugal or a binational couple planning your future together, we are here to provide the legal guidance and expertise necessary to protect your interests.
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