08 Ott International Marriage
I have been discussing on the effects of globalization on the way we communicate, the way we trade and the way we work as lawyers, in the same manner globalization has intensified the way people get involved in romantic relationships and although marriage between nationals from different countries has taken place for centuries, is precisely the intensity of the phenomenon brought by globalization that really shall captures our attention. I am going to define “international Marriage” only for the purpose of this article as the marriage contracted by nationals from different countries and/or with different places of residency and whose effects will be regulate for a law, which law? This is precisely one of the main problems faced by an international marriage.
Is really curious that while brides and grooms invest considerable efforts planning a marriage and choosing wedding dresses, invitations, party menus and honeymoon trip; the most important issues derived from an international marriage such as the law that will regulate its effects, and eventually a divorce, are issues often neglected, omitted and forgotten; leading in consequence to an innumerable set of problems in a future, once the wedding party is over.
Some people avoid to discuss openly on the economic effects of a marriage before contracting it, for several reasons such as the romantic ones adopted by the hearth while the brain is out, love is love and money and other issues has nothing to do with marriage, and the practical and not really so practical ones such as only millionaires shall face prenuptial agreement concerns. However, marriage and specially an “international marriage” should be taken as seriously as it is: a contract. Therefore, if you take enough time to compare plans and to read the conditions on use, benefits and payment fees of your cell phone before signing a contract, is not deserve your marriage a higher attention from you?
Transnational lawyers may offer you the best legal counsel before you celebrate an international marriage for several reasons. For instance and before the celebration of a marriage, if contracting parties live at different countries and by the time of their marriage they are both travelling to a third country or to the country of one them, is likely that both will have to fulfill previously legal duties regarding the license to get married, the edicts that will have to be published and so on. Sometimes the preclusion of these legal steps may produce a null and void marriage for defects of form.
Regarding the effects of an international marriage, both national norms may establish different rights and duties derived for both husband and wife and in consequence a legal professional may illustrate you both equally on the effects positive and negative of these norms. When you both choose which national law will suits best your interests and will regulate the effects of your marriage, you both will be certain on rights and duties derived from it. Is up to each couple whether to receive counsel from the same transnational lawyer or to hire each one of them a national lawyer that will discuss the terms of a prenuptial agreement. Otherwise, when people do not decide on the applicable law before contracting an international marriage and once a problem or difference appear between spouses; half of the time you will need to spend finding a solution will involve necessarily the evaluation on the applicable law.
To conclude, globalization has intensified the number of international marriages celebrated, and neither lawyers nor contracting parties are strangers to this intensification. Legal ignorance is not longer a valid excuse neither to dismiss your rights nor to adopt inconvenient important decisions that could be avoided. It can be affirmed that nowadays smart contracting parties to an international marriage should add to their pre-wedding agenda a legal appointment in order to receive advice on the best options to follow, considering that marriage is beyond the wedding party, everything that comes after it and thus it well worth spending quality time in order to choose the law that will regulate its effects.