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Filed: AOS (apr) Country: Philippines
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Posted

Is English your fiancee's first language?

If not then you may need to make sure it is translated into her native language and she is counseled by an attorney who fluent in her native language or you could run into claims in the future that she did not understand what she was signing....

YMMV

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Filed: K-3 Visa Country: Belize
Timeline
Posted (edited)

Can people create something like a pre-nup after they already got married? Just wondering... :whistle:

(And yes, I know what pre-nup stands for so I understand this would be different if you were already married. But I'm just wondering if people still can do something after the marriage has taken place?)

Edited by eap620
Posted

i do not think so...and if i was the spouse, why agree to it.......

Peace to All creatures great and small............................................

But when we turn to the Hebrew literature, we do not find such jokes about the donkey. Rather the animal is known for its strength and its loyalty to its master (Genesis 49:14; Numbers 22:30).

Peppi_drinking_beer.jpg

my burro, bosco ..enjoying a beer in almaty

http://www.visajourney.com/forums/index.ph...st&id=10835

Filed: Country: United Kingdom
Timeline
Posted

It's never too late to sign a "postnup". They serve the same purpose as prenups,

but some state courts scrutinize postnups more carefully than prenups because of the

possibility that the more vulnerable spouse has been coerced into signing. Minnesota,

for example, allows postnups only if each spouse is worth at least $1.2 million and the

couple stay married for two years after signing.

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Filed: Country: Germany
Timeline
Posted

It cost us $ 450.00 to write it ourselves and have the attorney check it for legal validity and make some amendments.

As to the second attorney, I think if you don't want/need one, you will have to specifically waive this in the agreement. But I agree with what fwaguy said, if English isn't your spouse's first language, it can't hurt to have a translation made and then go to another attorney just to make sure it is completely clear for her.

Conditional Permanent Resident since September 20, 2006

Conditions removed February 23, 2009

I am extraordinarily patient,

provided I get my own way in the end!

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Filed: Timeline
Posted

If people are going to be nasty to each other in a divorce then a pre-nup won't make that much difference if they really want to fight. The vast majority of prenups are contestable, depending on the state and depending on the circumstances of the prenup. If you are concerned about loosing your house/savings then there are other legal ways to secure them.

Marriage is a gamble...if you don't want to put it all on the table then maybe marriage isn't the best choice.

Post nups are problematic because they lack consideration - a contract is a bargain benefit - you give something up to get a benefit back. Once you are married the person signing away a right to something isn't exactly getting anything in return, which could be problematic later on down the legal road.

Filed: Country: United Kingdom
Timeline
Posted
Once you are married the person signing away a right to something isn't exactly getting anything in return, which could be problematic later on down the legal road.

I don't really understand it. :help:

What is an unmarried person signing away a right to something getting in return?

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Filed: Timeline
Posted

consideration - if you sign this then we will get married. You are getting the marriage out of signing the form in exchange for signing away your right to a future claim.

If you sign a form after the marriage, well, the consideration of marriage aspect goes away. A contract is a bargained for exchange.

Contracts and the likelyhood of court enforcement change markedly from state to state. For anyone who is thinking pre-nup it might be a good idea to go (if you can) to a law school library and do some case research to see where the case law stands in that particular state and to figure out the factors that lead to a successful and unsuccessful pre-nup.

I am not a lawyer, so this is not to be taken as legal advice. Just be careful of certain legal professionals who will offer quick fix 'one size fits all' forms at a cheap price.

Posted

britbird, makes a good point. a pre-nup is only as good as the state statues..also, if it is signed by someone who is not versed in the english language, then a good attorney can argue that point...

Peace to All creatures great and small............................................

But when we turn to the Hebrew literature, we do not find such jokes about the donkey. Rather the animal is known for its strength and its loyalty to its master (Genesis 49:14; Numbers 22:30).

Peppi_drinking_beer.jpg

my burro, bosco ..enjoying a beer in almaty

http://www.visajourney.com/forums/index.ph...st&id=10835

Posted

Why do most think a pre-nup is such a bad idea. Everything in life is a risk, but we take precautions to be safer, right? You buy home insurance in case your house burns down, you buy car insurance in case of an accident... maybe these are wrong examples, but to me a pre-nup just means that God forbid it goes bad, you wont end up with just your pants on.

I was just curious on the amount, because I hear from $28.50 (DIY) to the same amount as divorce, thou$and$.

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Filed: K-3 Visa Country: Philippines
Timeline
Posted
Granted there are cases where a rich company owner may want to protect his assets from a bimbo stripper but the better plan is don't marry the gold digger in the first place. ;)

Why not, if she's really really hot and you can protect yourself with a prenup? :unsure:

My answer would be just because she's hot it doesn't mean she is marriage material. :no: Plus there are plenty of hot women in the world that aren't bimbo gold diggers. :yes: In fact, I'm lucky to be married to one. (L)

Yes, but you had to go all the way to the Philippines to find your hottie. Some people are willing

to settle for a local bimbo and a prenup :P

Actually we met on a cruise ship out of Florida but I did know she was a Philippine citizen when we started our relationship so I guess it still applies. Wouldn't change it for the world though. (L)

Married on 11/21/06 in her hometown city Tumauini located in the Isabela province (Republic of the Philippines)

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Pinoy Info Forum - For the members of Asawa.org in diaspora

Filed: K-3 Visa Country: Philippines
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Posted
Why do most think a pre-nup is such a bad idea. Everything in life is a risk, but we take precautions to be safer, right? You buy home insurance in case your house burns down, you buy car insurance in case of an accident... maybe these are wrong examples, but to me a pre-nup just means that God forbid it goes bad, you wont end up with just your pants on.

I was just curious on the amount, because I hear from $28.50 (DIY) to the same amount as divorce, thou$and$.

I think you'll hear valid arguments on both sides and I guess it depends on the situation. I am on the 'no prenup' side. Why? Because I already went through a divorce - total of ~$400 by the way. I made mistakes, my ex made mistakes, and IMO we took the easy way out. I'm not going to do that again. When we married in November we married for life. Whatever life throws at us we will get through together.

Married on 11/21/06 in her hometown city Tumauini located in the Isabela province (Republic of the Philippines)

I-129 Timeline

12/12/06 - Mailed I-129 package to Chicago Service Center

12/14/06 - Received by Chicago Service Center

12/18/06 - NOA1 notice date from Missouri (NBC)

12/21/06 - NOA1 received in mail

12/27, 12/29, 12/31 - Touches

01/06/07 - Transfered to California Service Center

01/11/07 - Arrived at California Service Center

1/12, 1/16, 1/17, 2/6 - Touches

02/06/07 - NOA2 from California Service Center

02/11/07 - Received NOA2 in mail

02/15/07 - Arrived at the NVC - MNL case # assigned

02/20/07 - Sent to US Embassy in Manila

02/26/07 - Received at Embassy

03/30/07 - Packet 4 received

05/09/07 - Medical scheduled (did early)

05/16/07 - Interview

05/23/07 - Visa Delivered

05/25/07 - POE in Newark, NJ

I-130 Timeline

11/27/06 - Mailed I-130 package to Texas Service Center

11/29/06 - Package received by Texas Service Center

12/06/06 - NOA1 notice date from California Service Center

12/09/06 - Touch

12/11/06 - NOA1 received in mail

02/06/07 - NOA2 from California Service Center

02/11/07 - Received NOA2 in mail (I-130 held at CSC)

--------------------

Pinoy Info Forum - For the members of Asawa.org in diaspora

Filed: K-3 Visa Country: Philippines
Timeline
Posted
I am on the 'no prenup' side. Why?

Probably because you have no significant assets to protect. Money changes everything.

Without a prenup, you can never be sure that your wife loves you and not your money.

If I had a lot of money/assets and I was worried my potential wife was after them then she wouldn't become my wife. It's that simple. Plus people can marry for the money and lifestyle with or without a prenup and with or without divorce ever being involved. Does that make it a good marriage? When I go to International Mall in Tampa I often see 'those' couples. You know, the ones where the wife is a walking Victoria's Secret model and the husband looks like something from the Blue Collar Comedy crew (which I DON'T ever watch BTW). I still say if someone is so worried about their money they should simply not marry and be 100% protected from getting fleeced. Problem solved. :thumbs:

Married on 11/21/06 in her hometown city Tumauini located in the Isabela province (Republic of the Philippines)

I-129 Timeline

12/12/06 - Mailed I-129 package to Chicago Service Center

12/14/06 - Received by Chicago Service Center

12/18/06 - NOA1 notice date from Missouri (NBC)

12/21/06 - NOA1 received in mail

12/27, 12/29, 12/31 - Touches

01/06/07 - Transfered to California Service Center

01/11/07 - Arrived at California Service Center

1/12, 1/16, 1/17, 2/6 - Touches

02/06/07 - NOA2 from California Service Center

02/11/07 - Received NOA2 in mail

02/15/07 - Arrived at the NVC - MNL case # assigned

02/20/07 - Sent to US Embassy in Manila

02/26/07 - Received at Embassy

03/30/07 - Packet 4 received

05/09/07 - Medical scheduled (did early)

05/16/07 - Interview

05/23/07 - Visa Delivered

05/25/07 - POE in Newark, NJ

I-130 Timeline

11/27/06 - Mailed I-130 package to Texas Service Center

11/29/06 - Package received by Texas Service Center

12/06/06 - NOA1 notice date from California Service Center

12/09/06 - Touch

12/11/06 - NOA1 received in mail

02/06/07 - NOA2 from California Service Center

02/11/07 - Received NOA2 in mail (I-130 held at CSC)

--------------------

Pinoy Info Forum - For the members of Asawa.org in diaspora

 

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