Do I register my prenup in Dominican Republic?

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.

ABOUT THE AUTHOR: Dra. Maria Arthur Rodger is a Partner, Head of Tax & Private Client at ACLAW, a law Firm in the Dominican Republic. She specializes in tax law, (Tax LLM in Georgetown Law Center & Tax LLM in Universidad Pompeu Fabra), including ample knowledge on the tax systems of the United States, Spain and Central America; with more than 20 years of experience in inheritance tax processes, wills and successions, family and estate planning matters. Dra. Maria Arthur is also a CPA, Certified Bankruptcy Liquidator and Legal Interpreter.

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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.