Drafting and Reviewing a Prenuptial Agreement with a Russian National …
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1. Summary
A Korean client sought legal assistance from KL (KORUS LAW) to draft a conjugal property agreement, equivalent to a prenuptial agreement under Russian law. In preparation for his marriage to a Russian national and the potential dissolution of the marriage, the Client requested the following:
1) Confirmation of Separate Property: each party’s separate property (assets acquired before marriage) in Korea and Russia.
2) Preliminary Agreement on the Division of Joint Property: division of joint property to be acquired through their marriage in Korea
2. Our Role
KL conducted a legal review of the divisibility of separate property under Korean and Russian law, including the legal requirements and limitations, the enforceability of agreements under Korean law, and the legal obligations regarding former spousal support under Russian law.
Ultimately, KL drafted a property division agreement that complies with the legal requirements of both Korea and Russia, incorporating Korea’s marital property registration system and Russia’s notarisation system for prenuptial agreements.
For reference, under Korean law, agreements that waive the right to the division of property before the dissolution of marriage or the division of separate property based on contributions are, in principle, impermissible and invalid. However, under Russian law, prenuptial agreements regarding the division of property in anticipation of a dissolution are valid. Given the above, it is important to review both Korean and Russian laws to ensure that the terms related to property in the prenuptial agreement are as enforceable as possible.
3. Significance
In KL (KORUS LAW), attorneys with prior experience in the corporate advisory teams of major law firms review and standardise contracts, including Distribution Agreements, Agency Agreements, Publishing Agreements, Consortium Agreements, Supply Contracts, Lease Agreements, Assignment of Claims Agreements, Advertising Contracts, Gaming Contracts, and OEM/ODM Contracts, as well as draft contracts under Russian law.
Please contact KL if you require assistance in drafting Russian prenuptial agreements or contracts that resolve corporate and interpersonal legal issues, taking both Russian and Korean laws into account.
4. Client Testimonial
After consulting with my spouse about drafting the contract, I began drafting and researching the relevant laws myself. However, I realized that I had to consider both Korean and Russian laws, and that certain provisions conflicted. Furthermore, it was even more challenging to find practical cases.
As I faced limitations in drafting the contract on my own, I sought legal assistance and found KL, which could provide legal advice considering both Russian and Korean laws.
KL responded quickly and kindly to all inquiries, from basic questions to detailed engagements and consultations. KL addressed all my concerns, provided realistic limitations and future possibilities, and refined them into the final contract, which was very helpful.
If I require legal assistance in the future, I will choose KL without hesitation.
A Korean client sought legal assistance from KL (KORUS LAW) to draft a conjugal property agreement, equivalent to a prenuptial agreement under Russian law. In preparation for his marriage to a Russian national and the potential dissolution of the marriage, the Client requested the following:
1) Confirmation of Separate Property: each party’s separate property (assets acquired before marriage) in Korea and Russia.
2) Preliminary Agreement on the Division of Joint Property: division of joint property to be acquired through their marriage in Korea
2. Our Role
KL conducted a legal review of the divisibility of separate property under Korean and Russian law, including the legal requirements and limitations, the enforceability of agreements under Korean law, and the legal obligations regarding former spousal support under Russian law.
Ultimately, KL drafted a property division agreement that complies with the legal requirements of both Korea and Russia, incorporating Korea’s marital property registration system and Russia’s notarisation system for prenuptial agreements.
For reference, under Korean law, agreements that waive the right to the division of property before the dissolution of marriage or the division of separate property based on contributions are, in principle, impermissible and invalid. However, under Russian law, prenuptial agreements regarding the division of property in anticipation of a dissolution are valid. Given the above, it is important to review both Korean and Russian laws to ensure that the terms related to property in the prenuptial agreement are as enforceable as possible.
3. Significance
In KL (KORUS LAW), attorneys with prior experience in the corporate advisory teams of major law firms review and standardise contracts, including Distribution Agreements, Agency Agreements, Publishing Agreements, Consortium Agreements, Supply Contracts, Lease Agreements, Assignment of Claims Agreements, Advertising Contracts, Gaming Contracts, and OEM/ODM Contracts, as well as draft contracts under Russian law.
Please contact KL if you require assistance in drafting Russian prenuptial agreements or contracts that resolve corporate and interpersonal legal issues, taking both Russian and Korean laws into account.
4. Client Testimonial
After consulting with my spouse about drafting the contract, I began drafting and researching the relevant laws myself. However, I realized that I had to consider both Korean and Russian laws, and that certain provisions conflicted. Furthermore, it was even more challenging to find practical cases.
As I faced limitations in drafting the contract on my own, I sought legal assistance and found KL, which could provide legal advice considering both Russian and Korean laws.
KL responded quickly and kindly to all inquiries, from basic questions to detailed engagements and consultations. KL addressed all my concerns, provided realistic limitations and future possibilities, and refined them into the final contract, which was very helpful.
If I require legal assistance in the future, I will choose KL without hesitation.