Prenup Married Overseas

[ermacdude999 0]

Hello, I am marrying a Peruivan Woman in Peru and her and I would like to get a prenup.

I am having a hard time figuring out where I would need to get this done.

1. Should I do the agreement there?

2. Should I do it here with my lawyer, send it to her and have her get a lawyer to review and sign it?

3. If we get divorced here in the United States, how would I make sure to maximize the enforcibility of the prenup?

4. Does anyone have any experience with this and can point me in the direction of a good lawyer?

[JohnR! 5,495]

Hello, I am marrying a Peruivan Woman in Peru and her and I would like to get a prenup.

I am having a hard time figuring out where I would need to get this done.

1. Should I do the agreement there?

2. Should I do it here with my lawyer, send it to her and have her get a lawyer to review and sign it?

3. If we get divorced here in the United States, how would I make sure to maximize the enforcibility of the prenup?

4. Does anyone have any experience with this and can point me in the direction of a good lawyer?

1/You should do the agreement in the US, since you are planning to live here.

2/Before getting a lawyer involved, IMHO you should discuss the prenup with your fiancee and go over the terms so that she knows it is coming. (Has she agreed to sign a prenup? Does she understand and agree with your plans? Can she see it coming?)

3/Enforceability of prenups is very much related to state laws, so have your lawyer answer that question to you, based on the laws of the state where the prenup will be signed and in which you will live.

4/Everyone I know - no exception - who signed a prenup ended up getting divorced.

Good luck!

Edited June 11, 2013 by Gegel

[ermacdude999 0]

1/You should do the agreement in the US, since you are planning to live here.

2/Before getting a lawyer involved, IMHO you should discuss the prenup with your fiancee and go over the terms so that she knows it is coming. (Has she agreed to sign a prenup? Does she understand and agree with your plans? Can she see it coming?)

3/Enforceability of prenups is very much related to state laws, so have your lawyer answer that question to you, based on the laws of the state where the prenup will be signed and in which you will live.

4/Everyone I know - no exception - who signed a prenup ended up getting divorced.

Good luck!

Thanks for your reply. Yes of course she knows about it, in my first sentence I said "we" would like to get one.

It is hard to do it entirely here because she lives in South America now and I'm "GUESSING" I would have to have it written up, then send it down to her and have her get a layer to review it with her, sign it and send it back.

What do you guys think?

[bobargenis 0]

I cannot ask Why, any couple would want a prenup; but will say this; that's an inference of "if we get divorced".

Does she want protection over any assets? or protection on the Green Card? If GC then she can later or yourself apply for removal of Conditions.

Keep in mind; any prenup cannot guarantee the ownership of the GC... Thats a third party "the U.S. Government" you cannot include anything regarding such elements regarding her status "it's not enforceable"

But, I would do it here...

[canadian_wife 1,823]

I cannot ask Why, any couple would want a prenup; but will say this; that's an inference of "if we get divorced".

Each couple makes their own decisions that is best for their relationship. Let's not judge ok?

[bobargenis 0]

Sorry didn't mean to be judgmental...

[d3adc0d3 186]

International prenuptial agreements (IPA) can be tricky. It's best to get a lawyer who specializes in IPAs. There may be national-specific laws prohibiting certain terms from being enforced via an IPA, as well as national-specific filing requirements to make an IPA legally enforceable in that country.

Prenups are a good way to decide how to split assets, arrange child custody and visitation, make agreements on alimony (if applicable), child support, etc in case a relationship doesn't work out. Many couples who've never been through a bitter divorce don't understand the appeal of a prenup.

Granted a prenup may put a strain on a relationship, if it's done unfairly, but when designing a prenup I would suggest that you plan this in percent rather than dollar amounts. This accounts for increase or decrease in income, as well as any possible major gains/losses in your financial status. This will protect you and your bride in case of a tragedy,

I would also recommend while filing for a prenup that you both also file a living will, and a will to allow for your estate to be handled how you see fit, and also in a way that will take care of any concerns in case of other tragedies in both countries.

There are several lawyers who specialize in international prenups and I would recommend getting one, if you haven't already. Best if that lawyer speaks Spanish, since that lawyer will want to discuss what is legally enforceable in Peru with her attorney.

Good luck!

Edited July 22, 2013 by d3adc0d3

[kzielu 1,149]

I cannot ask Why, any couple would want a prenup; but will say this; that's an inference of "if we get divorced".

For a simple reason of what the reality is. Even reading VJ, you have plenty of topics on people getting scammed or just normally divorcing after couple of years. Read all of it, not just the topics with "We are approved !!!!!!!" or "We're finally together" in the title...

[bobargenis 0]

I understand reality; what I was saying is that I don't understand why the "beneficiary" wants a prenup; based on assets or otherwise? That's all, but I retract everything; apologies and wish the best of luck to one and all