You’re getting married! Congrats to you and your fiancé! Before you celebrate happily ever after and make your love official, let’s discuss prenuptial agreements. A major question you should ask yourself is: Is my fiancé fluent in the English language? If the answer is no, or if you’re not sure… then you should have your prenup translated into their native tongue. But how do I get my prenup translated? And is it really necessary to translate my prenup? Keep reading to find the answers to your questions and to learn more about prenuptial agreements.
What is a prenup?
Prenups are contracts couples enter before getting married. Through this agreement, a couple can predetermine how they will divide their assets and debts if there’s a divorce in the future. It’s a smart decision to have these important financial conversations and get on the same page before you merge your lives. Planning ahead for any scenario provides a peace of mind and can save you so much in the future, both financially and emotionally.
Do I need to translate my prenup?
That depends! It’s important to understand that a prenuptial agreement is a legal contract and the terms can be difficult for even the most proficient English speaker to understand. If English is not your partner’s first language, you should consider having the prenup translated into the language they’re most comfortable reading, speaking, and understanding. Even if your partner is conversational in English, has studied the English language, and says that he or she understands the prenup, it is highly recommended that the prenup be translated into the language they’re most comfortable with.
How could a language barrier affect the validity of a prenup?
It might first be helpful to understand a little about prenup law and what’s required for your agreement to be upheld in the future. The law governing prenuptial agreements is found in the Uniform Prenuptial Agreement Act (UPAA). Many states have adopted the UPAA guidelines and states that haven’t adopted this act have similar requirements for a prenup to be valid and enforceable. At a minimum, a prenup must:
- Be in writing,
- Signed voluntarily by both parties,
- It must include full disclosures of the parties’ financial assets, debts, and obligations, and
- It must not be severely unfair (unconscionable).
A prenup, or any contract for that matter, cannot be entered into voluntarily if the party did not understand the terms of the agreement they signed. This lack of understanding can come in many forms including not grasping the meaning of the terms, not comprehending the consequences of the contract, and most relevant to this article…not having a comprehensive understanding of the language in which the agreement was written.
When you’re entering into a prenuptial agreement, one of the top goals is that this contract will be upheld by a court if contested in the future. When deciding whether to uphold a prenup, a court will first consider whether it was entered into voluntarily. If your partner was not fully and completely comfortable with the language in the prenup, they could have a valid argument that they did not comprehend the terms or consequences of the agreement and therefore did not sign voluntarily. You cannot voluntarily sign something you don’t understand. To prevent this claim in the future, get your prenup translated!
Could my prenup be thrown out if not translated?
It’s possible! If a party contesting the prenup claims they were not confident in the English language at the time of signing, a court will look into the fairness of the agreement. If they find that manipulation, duress, coercion or undue influence were used to attain a signature, the prenup could be thrown out. Another legal term used to invalidate a prenup is “overreaching.” This means that one party took unfair advantage of the other party and there was a “concealment of facts, misrepresentation, cunning, cheating, sharp practice, or some other form of deception,” (Gottlieb v. Gottlieb, (2016)).
In the 2001 California case, In re Marriage of Shaban, the California Court of Appeals found that a prenup was unenforceable due to a language barrier. The prenup was written in Arabic and the wife did not read or speak this language and therefore did not understand the terms of the agreement and could not have signed the agreement voluntarily (In re Marriage of Shaban (2001)). If the husband in this case had taken the time to translate the prenuptial agreement, his wife would have understood the terms and her signature could have been deemed voluntary.
Do I need a lawyer for a valid prenup?
Some states require that you and your partner each have separate lawyers in certain circumstances (i.e. if your prenup is waiving or modifying alimony (aka “spousal maintenance”). But states generally do not require that either of you hire an attorney for a prenup to be valid and enforceable. Make sure to research the laws in your state or talk to a family law attorney to learn more. Even if it’s not a requirement that you hire an attorney to draft your prenup, it is highly recommended! As we’ve already discussed, courts look to the voluntariness of the parties’ signatures when considering whether to uphold a prenup. Having a lawyer draft, explain, and sign the agreement shows the court that the agreement was drafted with state laws in mind and that the parties understood the contract.
Should the lawyer be bilingual?
If your partner isn’t proficient in the language of your prenup, then not only should you have your prenup translated, but you should also make sure that your partner’s lawyer is fluent in and able to fully comprehend the language of the original prenup and the language of the translated version.
Now that you know the important role your partner’s understanding the prenup plays in the voluntariness of their signature, you can connect it to the importance of their attorney speaking their native tongue and being able to explain the terms and the consequences of the prenup. To revisit the scenario above, you don’t want your partner to be able to claim that even though the prenup was translated into their native language, their attorney didn’t understand that language and there were discrepancies and confusion in the representation. This fact could make the court deem your agreement unenforceable.
How do I get my prenup translated?
You and your fiancé should ask friends and family for referrals of a reputable translator in your area. You can also do an online search for “prenup translation” or “prenup translators.” Nowadays, you don’t necessarily have to drive to someone’s office and hand over the prenup for them to translate. There are countless online services that boast translation services. But it’s critical that you research these companies thoroughly, read customer reviews, and ask them whether they have any experience in translating prenuptial agreements.
Errors in translation could significantly alter the meaning of the prenup terms and could not only lead to confusion when the prenup is being applied in a future divorce but could also result in your property being divided differently than you intended. Another risk of errors in translation is that the voluntariness of your partner’s signature could be called into question. How could they have voluntarily signed the same agreement as you if the Spanish version they signed has different meaning and consequences than the English prenup you signed? Inconsistent terms due to translation could result in your prenup being thrown out by a court in the future.
Steps to ensure a smooth translation process
- Assess Language Proficiency:
- Determine if your fiancé is fluent in English or if there is a need for translation.
- Discuss each other’s comfort level with the English language.
- Consult Legal Counsel:
- Hire separate attorneys for each party, preferably bilingual if language proficiency is an issue.
- Ensure the attorney can explain the prenup in the native language of your fiancé.
- Find a Qualified Translator:
- Seek referrals from friends, family, or your attorney for reputable translators.
- Verify the translator’s credentials and experience with legal documents, specifically prenuptial agreements.
- Verify Translation Accuracy:
- Have the translation reviewed by a legal professional fluent in both languages.
- Ensure both parties understand the translated terms and their implications.
- Document Everything:
- Keep records of all communications regarding the translation.
- Ensure both the original and translated versions are signed and notarized, if required.
- Discuss with Your Partner:
- Review the translated document together with your fiancé.
- Address any questions or concerns with your attorneys present.
The bottom line of translating a prenup
Whether you need to translate your prenuptial agreement depends on your specific situation. Consider how comfortable you and your fiancé are with the English language. If there’s even a chance that one of you might not fully comprehend the prenup’s language or the consequences of the terms because of a language barrier, then you should have the prenup translated. Both of you should be able to fully understand and grasp the words of your prenuptial agreement. This is critical to the voluntariness of your signatures on the document itself.
When drafting a prenup, the likelihood of it being upheld by a court if contested in the future should be front of mind. If there’s a possibility that your partner could claim a lack of familiarity with the English language, then you need to translate your agreement. Okay! You probably have a pretty good idea now of whether you should get your prenup translated! Talk with your fiancé and make decisions regarding your prenup together. Good luck and congratulations to you both on your upcoming wedding and marriage!
Adalbert is experienced in all things family law. With over 25 years of professional experience including 4 years as a practicing lawyer, he is passionate about helping couples reach their goals within their prenup. He’s particularly passionate about helping couples get the best possible start to their marriage and set their marriage off on the right foot.He’s licensed in Florida, fluent in English and Spanish, and one of the founders and managing partners of Apfelbaum Martinez Law.
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