8. When checking foreign laws, make sure to understand the language used by foreign local lawyers. For example, foreign terms may be translated into English as „marital property,“ „conservation,“ „property“ and „commingled,“ but the terms could have quite or even subtly different meanings in the foreign jurisdiction, which could seriously influence the way a contract is interpreted. Get familiar with not only the law, as it is written in the foreign jurisdiction, but also with the law, how it is actually applied and how it might apply to your respective client if the marriage agreement has been brought before the courts in that jurisdiction. In this context, it is necessary to determine the discretion granted to a judge in the foreign jurisdiction to rewrite certain provisions or take measures other than the strict application of the law on marital agreements. As a general rule, a choice of rights clause should be extended. In one case, an Oregon court applied the law chosen by the marital convention — California law — only for the construction of the agreement, but did not apply California`s property rights because the choice clause of the law was limited to construction issues. In re Marriage of Proctor, 203 Gold. App.
499, 125 P.3d 801 (2005), changed opinion on Reconsideration, 204 Gold. App. 250, 129 p.3d 186 (2006). The choice clauses should provide for both the application of the material and procedural law of the foreign court. A marriage contract defines the property a spouse wishes to grant to children or other family members in the event of death. International issues related to marriage agreements are obviously crucial for people from different countries of origin or for people from a country other than where they are now. But there are many more clients who need international support for marital agreements. Many customers have important contacts with many countries or believe they may be in the future. Let`s take the example of an international symphonic conductor who can have permanent appointments with many orchestras and festivals around the world, teaching missions to universities and conservatories in other parts of the world, and personal connections and assets in even more parts of the world.
What if his fiancée is an international business advisor? Or an international movie star? Where does the lawyer begin in such circumstances? And where does the trial end? A sunset arrangement can be inserted into a marriage agreement stipulating that the contract expires after a specified period.