The Dominican Republic is a very popular wedding destination in the Caribbean with wide resort offerings facing spectacular white sand beaches.

Prenuptial agreements are commonly used by spouses seeking to keep their finances and debt separate, establish property rights and its distribution, protect family estate and planning and avoid long and expensive court proceedings in event of divorce. Prenups are intended to set the terms of property rights and other matters of the marriage which shall govern in the event of divorce or death.

The preparation, signing and registration of a prenup in the Dominican Republic necessarily has to take place before the wedding. In some instances, couples get their prenup outside the Dominican Republic.

A spouse may face potential challenges when trying to enforce a prenuptial agreement when conflict of laws and cross border issues arise. Therefore, an important aspect to consider is that if and when you need to execute the terms of the prenup, the prenup may be executable in the sense that is considered valid on the merits and form.

There are certain facts and circumstances that may trigger the need of having the prenup registered in the Dominican Republic. In any event, when such an agreement has international elements it is essential to engage attorneys of each jurisdiction involved, who shall assist in addressing the corresponding rule of law and practice, pointing toward a prenup that may be enforceable in the future.

Do you want more information about prenuptial agreements in Dominican Republic? Contact Us.

ABOUT THE AUTHOR: Dra. Maria Arthur Rodger is a Partner leading the Tax & Private Client areas at Arthur & Castillo Law Firm and Attorneys in the Dominican Republic. She specializes in tax law and real estate advisory (Tax LLMs in Georgetown Law Center in Washington, D.C. & Universitat Pompeu Fabra in Barcelona) with more than 20 years of experience. Dra. Maria Arthur is also a CPA, Certified Bankruptcy Liquidator and Legal Interpreter.

Email: [email protected]

Disclaimer: This publication is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. For specific technical or legal advice on the information provided and related topics, please contact the author.

 © Arthur & Castillo Lawyers Dominican Republic