Are Foreign Marriage Contracts Enforceable in the U.S.?

In today’s increasingly globalized world, it’s common for couples to get married abroad, live in more than one country, or hold assets across multiple jurisdictions. This international lifestyle brings with it a complex legal question:

Will a marriage contract signed in one country be valid and enforceable in another?

Whether it’s a prenuptial agreement signed in Europe, a dowry agreement from the Middle East, or a postnup notarized in Asia, couples often want to know whether a foreign marital contract will hold up in U.S. courts. The answer depends on several factors, including how the agreement was formed, what it says, and where it’s being enforced.

This article explains how U.S. courts evaluate the validity and enforceability of foreign marriage contracts, and what you can do to protect your rights across borders.

What Is a Foreign Marriage Contract?

A “foreign marriage contract” refers to any prenuptial or postnuptial agreement signed in a country outside the United States, often under a different legal system. These contracts can range from highly formalized notarized agreements (such as those in France or Germany), to more traditional or religious agreements (such as ketubahs, dowry contracts, or Islamic marriage agreements).

They typically address topics such as:

Ownership of assets acquired before and during the marriage
Spousal support in the event of divorce
Inheritance rights
Property division upon death or separation

Will a U.S. Court Enforce a Foreign Marriage Contract?

Sometimes — but not always.

There is no automatic rule that a marriage contract signed abroad is enforceable in the U.S. Instead, courts take a case-by-case approach, evaluating whether the agreement meets the basic requirements for enforceability under state law.

Most states follow a variation of these principles:

Voluntariness: Was the agreement signed willingly, without duress or coercion?
Disclosure: Did both parties exchange a fair and reasonable disclosure of their financial circumstances?
Fairness: Was the agreement unconscionable or grossly unfair when signed or when enforced?
Procedural safeguards: Did both parties have time to review the agreement, and ideally, independent legal advice?

If a foreign agreement satisfies these principles, it may be enforced, even if the formalities used abroad differ from local practices.

What Courts Look For

1. Governing Law Clause

Many foreign contracts specify which country’s law will govern the agreement. U.S. courts often respect choice-of-law clauses, as long as enforcing them wouldn’t violate local public policy.

If the agreement is silent on governing law, the court will determine which jurisdiction’s law applies using conflict of law principles, often based on where the agreement was signed, where the couple resided, or where the divorce occurs.

2. Formalities and Execution

Different countries have different requirements for how a marriage contract must be signed — notarization, witnesses, translations, or registration. A U.S. court will consider whether the foreign agreement was valid under the laws of the country where it was signed.

If it wasn’t valid there, it’s unlikely to be enforced here.

3. Public Policy Considerations

Even if a foreign prenup is valid and properly signed abroad, a U.S. court may decline to enforce it if it violates American public policy. For example:

If the agreement waives child support (which is prohibited in all U.S. jurisdictions)
If it treats women and men unequally
If it includes punitive damages for adultery, religious conversion, or divorce

Courts will generally refuse to enforce any term that infringes on a party’s legal rights or the court’s authority, especially in family law matters.

4. Translation and Comprehension

If the agreement is written in a foreign language, the court will evaluate whether both parties understood what they were signing. If one spouse didn’t speak the language, and wasn’t provided a translation or legal explanation, the agreement could be challenged on the basis of lack of informed consent.

Religious and Cultural Contracts

Some marriage agreements are based in religious or cultural tradition, such as Islamic mahr agreements, Jewish ketubahs, or Indian dowry arrangements. U.S. courts have taken different approaches to these contracts:

If the agreement clearly sets out financial terms and was signed voluntarily, it may be treated like a standard prenup.
If the agreement’s purpose is religious rather than legal (e.g., spiritual obligations, moral duties), courts may decline to enforce it.

The more an agreement looks like a contract with enforceable financial terms, the more likely it is to be upheld, regardless of its cultural or religious origin.

Key Takeaways

Foreign prenups can be enforceable in the U.S., but only if they meet state-specific standards for voluntariness, disclosure, and fairness.
A foreign marriage contract is not automatically void just because it was signed overseas, but it’s also not automatically valid.
Including a choice-of-law clause, providing full financial disclosure, and ensuring independent legal advice are essential for cross-border enforceability.
If the contract is in a foreign language, a certified translation should be prepared and ideally acknowledged by both parties at signing.

Should You Re-Draft Your Foreign Agreement in the U.S.?

If you’ve signed a prenup abroad and are now living in the United States, or planning to divorce here, you may want to:

Have a U.S.-based family lawyer review the foreign agreement
Consider executing a postnuptial agreement under U.S. law that confirms or supplements the foreign agreement

This can provide greater clarity and reduce the risk of future challenges.

Conclusion

Foreign marriage contracts can offer valuable protection for couples with international ties, but only if they’re thoughtfully drafted and tailored to the jurisdictions where they might be enforced. In the U.S., courts apply local standards of fairness, disclosure, and public policy when deciding whether to honor an agreement signed abroad.

If you or your spouse signed a marriage contract in another country and are now living in the United States, speak with an experienced family law attorney. The sooner you clarify your rights and obligations, the better prepared you’ll be to enforce (or challenge) the agreement if the time comes.