International prenups

[jn0603 0]

Hi if anyone knows anything about prenups...

I just got my k1 visa and am planning to go to the US soon, however I have a home and assets that I'm leaving here so I would like to do a prenup. My question is can I and should I use a Canadian lawyer and my fiancé use a US lawyer? or is it better to find two US lawyers to do our prenups for my Canadian assets?

[carocaro 22]

I did a prenup here in USA with US attorney few days before our wedding and it included everything I had left in Canada including my house, car, all assets and RRSP's. Just make sure you have all your printed details for that appointment. The attorney doesn't need to confirm them, but you will need to list whatever you want listed. More important will be a will and power of attorney to handle everything in the event of your untimely demise or if you were to be in hospital in a coma, who would be handling your affairs both countries?

Having said all that? I believe that in most states, what either of you had before, and bring into the marriage and cohabitation, will not be divided in the sad event of divorce (but their appreciation after said marriage will) even without a prenup. Personally we found each of us seeking and receiving last minute council about this and then each having to read and sign the prenups before the happy day was an awful negative and weighed on each of us heavily. We had very similar net worth but had both been through previous divorces hence the mindset.

We are in the midst of completely dissolving our prenups -- not good karma in our opinions.

Caro

Edited March 9, 2014 by carocaro

[carocaro 22]

Just to add one more thought...my husband and I just talked about this post. He said the prenup is very divisive at a time when you are supposed to be coming together as one in marriage. You live with a true wall between you of your assets, your retirement, security, etc., dividing into the "yours and mine", as much as you might try and refer to everything as "ours".

Caro and Steve