pre-nup?

[rkk1 34]

Hello, I am just wondering if any of you who were married overseas got a pre-nuptual agreement with your spouse. If so, where/how did you file it.... overseas at the time of your wedding or after you got back to the US? I don't know anything about pre-nups, but my family was suggesting I get one when I marry my overseas fiance. I am not really sure if it is even worth to get one, as I don't have much money saved (as I'm in my late 20s and still in school), but they still thought that I should be protected from what little I do have. Also, my mom has an insurance policy that will go to my sister and I if anything happens to her someday, so she didn't want that I should be forced to split that with my husband if we divorce. My family really likes my fiance, and I hope we will have a long happy life together, but this is something to think about. I haven't even discussed this with my fiance yet (and hopefully he won't mind at all). But I don't even know how to go about filing such an agreement when he and I marry in India later this year. Any advice? Thanks so much!

Edited September 13, 2011 by rkk1

[Jojo92122 1,924]

Are prenups allowed in India? If yes, then you can do it before you marry in India. If no, then you cannot get one.

In addition, the prenup from India must comply with US public policy if you ever want it enforced in the US. No clause that would encourage divorce like wife gets $100,000 in divorce because it creates a monetary incentive for the wife to divorce. Best to get US attorney to review the prenup for compliance with state laws where you intend to reside.

You and your fiancee may need two separate attorneys in India to draft the prenup and review it for compliance with Indian laws. You both will want two separate attorneys in the state of your residence to review for compliance with state laws. California finds it unfair when only one party has an attorney.

This might get expensive. Is it worth spending this much when you have so little to protect?

Finally, the life insurance payout to you would be your separate property. It stays your separate property unless you commingle with your marital assets. Keep it in your own separate account and it stays your in a divorce.

[Dwight - Hanilyn 1]

Personally, I think that a pre-nup is a pre-planned failure of a marriage. Since I don't believe in divorce, I can't see doing the pre-nup. I do have a lot to loose, but if I felt that there was even a chance, I would rather not go through with the marriage in the first place. If you are looking for a business relationship, then form a partnership and become legal partners. If you are marrying someone because you love them and trust them, then love and trust them. However, this is only my opinion. Not sure if you were asking for opinions or just legal advice. It seems you are looking for both.

[VisaJourney2011 14]

People situation maybe different but i agree with Dwight - Hanilyn.

Why go through this big step in your life when you are not 100% sure of the marriage union to last a life time. It maybe more trouble than it is worth, too much headache if you think that you'll get divorce. Just my 0.02 cents.

Personally, I think that a pre-nup is a pre-planned failure of a marriage. Since I don't believe in divorce, I can't see doing the pre-nup. I do have a lot to loose, but if I felt that there was even a chance, I would rather not go through with the marriage in the first place. If you are looking for a business relationship, then form a partnership and become legal partners. If you are marrying someone because you love them and trust them, then love and trust them. However, this is only my opinion. Not sure if you were asking for opinions or just legal advice. It seems you are looking for both.

[rkk1 34]

Thank you all for your feedback on this matter. I talked with both my family and my fiance on this matter. I brought up the point that was mentioned on this thread, stating that if I kept the money in a separate account from my (future) husband then it may not necessarily be divided in a case of divorce. My parents and aunt/uncle still encourage me to get the pre-nup done as we are from Arizona, and they say that Arizona laws very much favor sharing of assets. I'm not a lawyer so I don't know much about this... though my cousin and my fiance both are lawyers, though neither of them specialize in this area of marriage law and aren't aware of the procedures.

My fiance was fully supportive of me, and he says he has no problem signing a pre-marital agreement, as he feels confident of our relationship and doesn't think we need it. But he is happy to sign it as he wants all of us to be comfortable with the matter. (He's a really decent guy.)

Does anyone have any further procedural advice for me on how I'd go about getting done? Would I have to submit paperwork here or in India (at the time of our marriage)? If India, do I have to bring paperwork from the US to get signed there by the marriage registrar's office, or do I need to meet with lawyers in India to set things up? (I really don't need any further comments on people questioning the strength of our relationship without even knowing us as people, as that is completely unnecessary here. I care for him deeply, and also hope we will never need to use the pre-nup anyway.)

Thank you!

[skiptex 225]

Oh my.. Are u not the adult that is getting married... Cut the cord from ur family already...

U should be enjoying getting ready for ur wedding in India... Not freaking out about what lawyer j need to find and if it will actually stand up in court..if a lawyer is good enough he can get anything voided... lol have with ur wedding take lots of pics!7!

[Amanda and Josh 12]

My husband asked me if I would sign a pre nup, I said sure cos we are never getting divorced! He laughed and said that he was just checking that I knew we would be married forever, lol. I love my funny American boy!

[skiptex 225]

My husband asked me if I would sign a pre nup, I said sure cos we are never getting divorced! He laughed and said that he was just checking that I knew we would be married forever, lol. I love my funny American boy!

nice.. like a test!! congrats!

[VisaJourney2011 14]

I would feel very strange getting Pre-nup.

How do you even bring up the topic to your wife/husband? I couldn't do it. I know that person my partner is and have full trust and that is why we got married.

In anycase, good luck & hope that it never comes to that.

[Aschenbecher 16]

I am no lawyer but heres what i think you should do.

you need to have draft of pre-nup agreement made in US then email it to your future spouse. Ask him to take it to a Indian lawyer and see if its compatible with local laws. Then have him email you the new draft back to you and

take it to your local US lawyer to finilize it.

Then again email the final draft to your future spouse , if he and his lawyer agrees then do either or both of the following :

1. Make a Pre-nup in US take it to India and you and your hubby sign it before you get married.

2. Make a pre-nup in US fedex to India ask your hubby to sign it and fedex back to you , you sign it and keep in safe place, then visit India and marry him.

besides the above to 2 points , you can have him make a Indian Pre-nup also. So in effect you will have 2 pre-nups , 1 in US and 1 in INDIA but make sure you sign both before you officially get married.

BTW if your religion is diffrent from your hubbies religion then either of you will have to change your religion to get legally married in India.

Or get married under special Marrige act. Where individuals from diffrent religions can get married but that requires 1 month notice to be filed before the marrige can be registered.