Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Thursday, November 3, 2011

Possible Questions Surrounding Mexico’s Proposed Two Year Marriage Contract

MarriageThe mayor of Mexico City co-authored proposed legislation that would create two-year limited marriage licenses. The proposed legislation would allow for a marriage contract to expire after two years if the marriage is no longer stable or harmonious.

If this proposed legislation passes, questions will arise when non-Mexican individuals travel to Mexico to get married and then register their marriage certificate in their home country. These questions include the following:

Does the two-year limit apply in [home country]? Are [the couples’] wills, if they have them, revoked? If they make wills during their ‘marriage’ and choose not to continue the marriage after two years, does the contact ending [revoke the will]? Would the marriage be treated as a cohabitation contract? What if one of the married persons dies in the two year period, what impact does that have in terms of legal entitlement to the estate of their spouse?

Hull and Hull LLP, The Starter Marriage to Become the Trial Marriage, Toronto Estate, Oct. 28, 2011.

Special thanks to Jim Hillhouse (WealthCounsel) for bringing this article to my attention.


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