Prenup before POE arrival?

[PirateLiker 11]

My fiance has an approved K1 and a plane ticket. I have been thinking about a getting a prenup but haven't put any effort into it until now. After doing a little research this morning I'm pretty nervous. First of all, I read that a prenup is unlikely to hold up if it is established after POE. This makes sense to me. If it was shown to be signed under duress, it can be invalidated. The beneficiary is motivated to sign it in that circumstance because s/he wants the marriage to occur.

 

I am thinking maybe I should try to get it taken care of before arrival. Maybe have an attorney send it to her then she could get her Ukrainian attorney to look it over. This still might be considered duress, however, since the ticket is already purchased and the timeline is tight. But an advantage 

 

I own my house outright and have considerable other assets (and a young adult daughter) which I wish to protect in the event of the marriage ending.

 

In case you're wondering if I am uncertain about this relationship, that is most certainly true. We have considerable differences which we have discussed. It looked like things were not going to work out a month ago, but now we are moving forward. I think we both know about our issues but have decided to try. I will concede that she might be seeing things through rose colored glasses to some extent.

[payxibka 10,044]

9 minutes ago, PirateLiker said:

My fiance has an approved K1 and a plane ticket. I have been thinking about a getting a prenup but haven't put any effort into it until now. After doing a little research this morning I'm pretty nervous. First of all, I read that a prenup is unlikely to hold up if it is established after POE. This makes sense to me. If it was shown to be signed under duress, it can be invalidated. The beneficiary is motivated to sign it in that circumstance because s/he wants the marriage to occur.

 

I am thinking maybe I should try to get it taken care of before arrival. Maybe have an attorney send it to her then she could get her Ukrainian attorney to look it over. This still might be considered duress, however, since the ticket is already purchased and the timeline is tight. But an advantage 

 

I own my house outright and have considerable other assets (and a young adult daughter) which I wish to protect in the event of the marriage ending.

 

In case you're wondering if I am uncertain about this relationship, that is most certainly true. We have considerable differences which we have discussed. It looked like things were not going to work out a month ago, but now we are moving forward. I think we both know about our issues but have decided to try. I will concede that she might be seeing things through rose colored glasses to some extent.

A prenup doesn't hold up if it happens after the nuptials.   A prenup might not hold up if she doesn't understand the language if English is  not her first language.   You may consider finding an attorney for her who can provide an accurate translation in her language or is fluent in both and can provide quality counsel to her.

 

It also depends on state specific laws.  In my divorce,  premarital property was excluded in the division of property even though I  didn't have a prenup 

Edited November 8, 2018 by payxibka

[Unlockable 7,306]

10 minutes ago, PirateLiker said:

My fiance has an approved K1 and a plane ticket. I have been thinking about a getting a prenup but haven't put any effort into it until now. After doing a little research this morning I'm pretty nervous. First of all, I read that a prenup is unlikely to hold up if it is established after POE. This makes sense to me. If it was shown to be signed under duress, it can be invalidated. The beneficiary is motivated to sign it in that circumstance because s/he wants the marriage to occur.

 

I am thinking maybe I should try to get it taken care of before arrival. Maybe have an attorney send it to her then she could get her Ukrainian attorney to look it over. This still might be considered duress, however, since the ticket is already purchased and the timeline is tight. But an advantage 

 

I own my house outright and have considerable other assets (and a young adult daughter) which I wish to protect in the event of the marriage ending.

 

In case you're wondering if I am uncertain about this relationship, that is most certainly true. We have considerable differences which we have discussed. It looked like things were not going to work out a month ago, but now we are moving forward. I think we both know about our issues but have decided to try. I will concede that she might be seeing things through rose colored glasses to some extent.

Well, you have 90 days. If you still are not comfortable going through with the marriage, she can return home and you two can take some more time to get to work on the relationship or go your separate ways.

[C-ma'am 684]

**Post moved from K1 to Off Topic. OPs questions are not related to an immigration process.

[PirateLiker 11]

Well, you have 90 days. If you still are not comfortable going through with the marriage, she can return home and you two can take some more time to get to work on the relationship or go your separate ways.

 

True. In her case, however, she is giving up a career of 8 years to come here. She has a lot at stake. I spoke with a couple of prenup attorneys. I think I'm going to go that route. Some particulars are that she needs to retain her own California attorney to help her with it. And it will need to be translated into Russian before she signs is. Furthermore, it must be in each party's posession for 7 days before it can be signed.

[Chris Duffy 1,256]

Here is what I did:

 

Have you fiancé sign a prenup once she arrives in the USA.  Send her to her own separate lawyer, not yours and it would be best if he spoke her language.

 

Get it signed, get married and move on.  Once after marriage you can get a post nup to validate and update things. Again send her to her own lawyer.

 

Carry on and I always suggest a pre and post nup