If your prospective spouse’s native language is other than English the following apply:
- The prenuptial agreement must be provided to your prospective spouse in writing in her/his native language as well as the English language.
- The foreign language and English language documents must match in content and intent. With some languages, word for word translations will not provide the same intent and meaning.
- Your prospective spouse must be represented by adequate counsel. Independent legal counsel, who speaks, reads and writes her/his native language. Your prospective spouse can not be represented by a lawyer who she/he can not understand and communicate with. Translators do not make independent legal counsel adequate. Arguments can be made that the lawyer has communicated with the translator and can therefore represent the translator, but has had no direct communication with the prospective spouse. While a translator’s certification can be attached to the prenuptial agreement, this is not the preferred method, and a judge is likely to give the benefit of the doubt to a party who contests a prenuptial agreement based on arguments that they were not adequately represented and did not fully understand the rights they were waiving.