prenup with marriage abroad

[daniel_and_lily 40]

How is a prenup handled if a US citizen goes abroad to marry his fiancé so as to be able to bring her back with a CR1 visa ?

[Hypnos 6,576]

It has no effect on the process.

[stacyt 209]

I guess the OP question is what legal power it has if married abroad 

[daniel_and_lily 40]

Right, the question is how do I do a legally enforcable prenup when marrying abroad ?  Do I have her sign paperwork before doing the marriage there? Do I do paperwork when she comes to the US? etc. any help appreciated.

[Hypnos 6,576]

If you want it to be enforceable in the US then you would need to have it drawn up by a lawyer here according to your relevant state law. And then it would be executed and signed here, also. 

[cyclone27 710]

Translated in her native language as well

[daniel_and_lily 40]

12 minutes ago, Hypnos said:

If you want it to be enforceable in the US then you would need to have it drawn up by a lawyer here according to your relevant state law. And then it would be executed and signed here, also. 

meaning she needs to sign it here after she comes to the US?  We would be married then already, she could just choose to not sign it then, right ?

[Hypnos 6,576]

Theoretically, yes.

 

You can always ask a lawyer if you have any other options, but I'm reasonably sure she would have to sign it here for it to be valid. 

Edited June 1, 2019 by Hypnos

[geowrian 22,335]

Immigration-wise, prenups have no role in the process.

 

Beyond that,  where the marriage occurs doesn't matter. What does matter is the content of the agreement. It is often difficult to enforce one unless it is carefully drafted. This is something to speak to family law attorneys about, as is the enforceability (or potential lack thereof) of any such agreement across countries.

Note that I said "attorneys". Separate, independent attorneys representing each party would be optimal to avoid one party claiming that the contract was drafted in favor of the other party (e.g. if it is being paid for by that party).

[Just Paul 4,591]

We did a prenup in the Philippines and a postnup in the US.  The PI agreement ended up costing us more.

[daniel_and_lily 40]

1 hour ago, Paul & Mary said:

We did a prenup in the Philippines and a postnup in the US.  The PI agreement ended up costing us more.

 

PI agreement?   How did you do the prenup ? You signed before the marriage over there? Did  a US lawyer draft it to bring over there ?

[Just Paul 4,591]

2 hours ago, daniel_and_lily said:

How did you do the prenup ?

We had a PI attorney do it based on PI laws.  It was then recorded there.   So that is enforceable there. (I might retire there, who knows).

Then we had another agreement after she came to the US.  Pretty much the same agreement.

 

These agreements are like wills.   The parties can agree update them at anytime.

[daniel_and_lily 40]

14 minutes ago, Paul & Mary said:

We had a PI attorney do it based on PI laws.  It was then recorded there.   So that is enforceable there. (I might retire there, who knows).

Then we had another agreement after she came to the US.  Pretty much the same agreement.

 

These agreements are like wills.   The parties can agree update them at anytime.

 

Thank you!  Will the PI agreement hold any water in the US? Is that why you did a postnup in the US because it may not do anything ?

[SalishSea 16,770]

6 hours ago, daniel_and_lily said:

meaning she needs to sign it here after she comes to the US?  We would be married then already, she could just choose to not sign it then, right ?

She could choose not to sign it at any time.

31 minutes ago, daniel_and_lily said:

Will the PI agreement hold any water in the US?

No.

[Jeanne Adil 1,651]

USC still responsible under the I 864

and some states are community property states so anything bought after the marriage is split in a divorce