Interweaving Tradition and Modern Law: The Sacred Path to Prenuptial Agreements with Foreign Spouses

A prenuptial agreement (also known as a marriage contract, prenup, or antenuptial agreement) is a contract signed by engaged couples in order to establish their rights and responsibilities in the event of a divorce. Within New Zealand’s multicultural society, many people find that a marriage contract with an international partner makes sense for them. Although these agreements are usually referred to as prenuptials in popular culture, it is important to understand that prenuptial agreements are nothing fancy. They are actually quite simple in form and function, but they can be incredibly important.

The elements of a prenuptial agreement are: Additional factors may be included if the couple chooses, but it is the elements above that are essential. If one or more of these factors is not present, the agreement may be deemed void in court. In such a case, the judge will likely then divide your property according to law in terms of who gets what during a divorce. A prenuptial agreement can therefore be invaluable.

If you’re not sure if a prenuptial agreement is right for you, consider a few pieces of Waitaha wisdom as a way to assess your situation: What stands out most in each of these stories? Respect for each other, as well as a true desire for a harmonious relationship, seems to be the common thread. In this way, native New Zealanders are the same as anyone else, no matter where in the world they come from. And when it comes to negotiating a prenuptial agreement, all partners should remember that fact.

Too often, prenuptial agreements are frowned upon in cultures around the world. Some people associate them with greedy pre-divorce holdings. Others accept them as a sort of handshake agreement that only shows their former mate how they should have handled things. Still others think prenuptial agreements only exist for the wealthy.

None of these perceptions are true. Prenuptial agreements are, however, a reasonably new concept for most of the world. They have only been available since the 1970s in the United States and even more recently here in New Zealand. Like so many other aspects of society, cultural values play a big role in which agreements last through the test of time.

Many folks don’t realize that even today, several parts of the world still operate under an “anterior marriage contract” system. This ancient system of husband and wife support has been around for thousands of years. It is only in the past few hundred years that the institution of marriage as a legal contract has been rigged with provisions.

Waitaha commonly negotiated agreements before marriage based on what was expected of each partner. These previously understood responsibilities were based on the concept of reciprocal obligation. That is, spouses entered into agreements to benefit both of them, rather than one or the other. By developing agreements along these lines, couples knew they could rely on the other person.

This cooperative model of relationship negotiation may seem like a relic, but it is still important for modern couples to understand. Respect for each other’s values, responsibilities, and societal norms still counts for something. If you disagree with your spouse’s values and embrace a stronger Western perspective, it can put a strain on you. Similarly, if you approach agreements with a “you owe me this” mentality, you’ll likely miss the point entirely.

Ultimately, a prenuptial agreement isn’t about having and keeping possessions. It’s about treating each other well – an ancestor’s teachings. If you approach a prenuptial agreement with your spouse in this way, it is absolutely possible to have it be a surprisingly positive experience.