Jump to content

sjr09

Members
  • Content Count

    2,835
  • Joined

  • Last visited


Reputation Activity

  1. Like
    sjr09 got a reaction from ~happyndinlove~ in Prenup agreement discussion   
    It appears they do
    Philippine Prenuptial Agreement 101
    Preparing a prenuptial agreement in the Philippines is relatively easy since Philippine laws do not require the agreement between the future spouses to be registered in a government office to be binding between the parties.
    However, in order to be assured of the authenticity of the agreement, it is a good idea to execute the prenuptial agreement in a public document. Also, as security for the properties which may be affected by the agreement, and in order to bind third parties, Philippine law requires the recording of the prenuptial agreement in the Local Civil Registry where the marriage is celebrated, and at the Register of Deeds of the province where the affected property is located.
    In the Philippines, the term prenuptial agreement is used interchangeably with premarital agreement or ante-nuptial agreement.
    Under the Family Code of Philippines, the prenuptial agreement, which must be in writing, should be executed prior to the celebration of the marriage, and signed by the future spouses. Any modification or amendment thereto may only be allowed before the celebration of the marriage.
    Manila Visa, however, stresses that both the Local Civil Registry and the Register of Deeds will not allow the registration of the prenuptial agreement unless the marriage has been celebrated for the logical reason that the said agreement shall take effect only after the celebration of the marriage.
    Manila Visa further explains that if the marriage settlement does not specifically provide which law shall govern the property relations of the future spouses, the general rule is that Philippine laws pertaining to the law on property shall govern all the properties involved.
    This rule, however, does not apply in any of the following instances:
    a) Where both spouses are aliens;
    b) With respect to the extrinsic or formal validity of contracts executed outside the Philippines pertaining to properties situated outside the Philippines;
    c) With respect to the extrinsic validity of contracts, which, although executed in the Philippines, pertains to properties situated outside the Philippines.
    Under Philippine laws, all provisions stipulated in the prenuptial agreement in consideration of the future marriage shall be rendered void if the marriage does not take place. However, all the other stipulations which do not depend on the celebration of the marriage shall be considered valid and binding.
    In the actual drafting of the prenuptial agreement, Manila Visa advises clients to attach in the agreement a list of all the assets, liabilities, approximate current income, expected gifts and inheritances, and all the other separate properties of both parties prior to the celebration of marriage in order to avoid confusion later in the marriage.
    “Separate Properties” of the spouses may be defined as all their separate real or personal properties, whether consisting of rights, titles, or interests to said properties, wherever they may be located, prior to the celebration of the marriage.
    In the same manner that all the separate properties of each spouse brought into the marriage shall remain in their full ownership during the marriage, all the debts and obligations incurred by a spouse prior to the celebration of the marriage shall accordingly remain to be the responsibility and obligation of said lender/borrower spouse.
    Other collateral provisions, such as support for the children or the daily expenses of the family, and other related matters agreed upon by the parties may likewise be stipulated in the prenuptial agreement provided it is not contrary to law or public morals.
    If one of the parties has children from a previous marriage, the future spouses may also provide a stipulation in the prenuptial agreement so that certain assets shall be reserved for the welfare of the children.
    Manila Visa, however explains that under Philippine laws, the welfare of the children from a previous marriage is already protected by reserving the assets of the previous marriage for the benefit of said children. Thus, such a stipulation in the prenuptial agreement becomes necessary only if the future spouses decide to grant upon the said children additional properties other than what is provided for by the law.
    Any form of agreement or contract is allowed and there is no prohibition or requirement as to the external or formal validity of the contract, as long as there was no duress, undue influence, or vitiated consent upon any of the parties, in the execution of the agreement.
  2. Like
    sjr09 got a reaction from AmyWrites in Prenup agreement discussion   
    It appears they do
    Philippine Prenuptial Agreement 101
    Preparing a prenuptial agreement in the Philippines is relatively easy since Philippine laws do not require the agreement between the future spouses to be registered in a government office to be binding between the parties.
    However, in order to be assured of the authenticity of the agreement, it is a good idea to execute the prenuptial agreement in a public document. Also, as security for the properties which may be affected by the agreement, and in order to bind third parties, Philippine law requires the recording of the prenuptial agreement in the Local Civil Registry where the marriage is celebrated, and at the Register of Deeds of the province where the affected property is located.
    In the Philippines, the term prenuptial agreement is used interchangeably with premarital agreement or ante-nuptial agreement.
    Under the Family Code of Philippines, the prenuptial agreement, which must be in writing, should be executed prior to the celebration of the marriage, and signed by the future spouses. Any modification or amendment thereto may only be allowed before the celebration of the marriage.
    Manila Visa, however, stresses that both the Local Civil Registry and the Register of Deeds will not allow the registration of the prenuptial agreement unless the marriage has been celebrated for the logical reason that the said agreement shall take effect only after the celebration of the marriage.
    Manila Visa further explains that if the marriage settlement does not specifically provide which law shall govern the property relations of the future spouses, the general rule is that Philippine laws pertaining to the law on property shall govern all the properties involved.
    This rule, however, does not apply in any of the following instances:
    a) Where both spouses are aliens;
    b) With respect to the extrinsic or formal validity of contracts executed outside the Philippines pertaining to properties situated outside the Philippines;
    c) With respect to the extrinsic validity of contracts, which, although executed in the Philippines, pertains to properties situated outside the Philippines.
    Under Philippine laws, all provisions stipulated in the prenuptial agreement in consideration of the future marriage shall be rendered void if the marriage does not take place. However, all the other stipulations which do not depend on the celebration of the marriage shall be considered valid and binding.
    In the actual drafting of the prenuptial agreement, Manila Visa advises clients to attach in the agreement a list of all the assets, liabilities, approximate current income, expected gifts and inheritances, and all the other separate properties of both parties prior to the celebration of marriage in order to avoid confusion later in the marriage.
    “Separate Properties” of the spouses may be defined as all their separate real or personal properties, whether consisting of rights, titles, or interests to said properties, wherever they may be located, prior to the celebration of the marriage.
    In the same manner that all the separate properties of each spouse brought into the marriage shall remain in their full ownership during the marriage, all the debts and obligations incurred by a spouse prior to the celebration of the marriage shall accordingly remain to be the responsibility and obligation of said lender/borrower spouse.
    Other collateral provisions, such as support for the children or the daily expenses of the family, and other related matters agreed upon by the parties may likewise be stipulated in the prenuptial agreement provided it is not contrary to law or public morals.
    If one of the parties has children from a previous marriage, the future spouses may also provide a stipulation in the prenuptial agreement so that certain assets shall be reserved for the welfare of the children.
    Manila Visa, however explains that under Philippine laws, the welfare of the children from a previous marriage is already protected by reserving the assets of the previous marriage for the benefit of said children. Thus, such a stipulation in the prenuptial agreement becomes necessary only if the future spouses decide to grant upon the said children additional properties other than what is provided for by the law.
    Any form of agreement or contract is allowed and there is no prohibition or requirement as to the external or formal validity of the contract, as long as there was no duress, undue influence, or vitiated consent upon any of the parties, in the execution of the agreement.
  3. Like
    sjr09 got a reaction from Tigre&Tigresa in Prenup agreement discussion   
    Let's stereotype American women. There are many Filipina women who are scammers, cheats, gold-diggers and liars.That's not my opinion, but something factual.
  4. Like
    sjr09 reacted to InHisTime in Prenup agreement discussion   
    OP, if you have doubts about her reactions about this "pre-nup agreement", I think you have to pause or take it slow. I'm a Filipina, but I think it won't matter to me especially when it affects our relationship. I have to understand that you have worked so much to acquire whatever you have right now. There is no certain thing is this world. Some people may change over time despite he/she loves truly now. We could never predict exactly what the future may hold for us. I think if she really loves, then, just accept the fact and still not bother about it. Important is how you treat him NOW and when she gets to the US. In time, she could find a job and maybe start saving for future. Both of you together once married could still start saving or acquire some wealth -- and that would consist your conjugal property, in the event that divorce may occur, at least you both have something to share or divide equally. Of course, you both have to work well in your marriage -- stay in love forever with God as the center in your family.
    I hope you give a little time to know her better. She should be open enough to discuss this thing in an open and intelligent way, not getting pissed off. She has to be matured in dealing with this and other issues that may come in the future.
  5. Like
    sjr09 got a reaction from LlamaInvasion in Prenup agreement discussion   
    Let's stereotype American women. There are many Filipina women who are scammers, cheats, gold-diggers and liars.That's not my opinion, but something factual.
  6. Like
    sjr09 got a reaction from mrsSpitze in help how to fill up the ds 5507?   
    Then, your question on post #3 was answered on #4 for the DS-2029
    OP. FYI, it's not advisable to use out dated links or links from other country's. The forms are quite easily filled-in if you need help just ask, link below has all the info you need on the CRBA process and forms.
    http://manila.usemba...itizenship.html
  7. Like
    sjr09 reacted to VanessaTony in CRBA   
    Just complete the form to be safe.
    Again not trying to be offensive to say, it could be some other "white guys" baby. Just because it's "whiter" than her and every Filipino in any pictures" doesn't prove the kid is yours just that it's possible SOMEONE with anglo blood impregnated her. Could have been your brother who doesn't have US citizenship so you're helping him out by helping his girlfriend and child get to the US. Seriously, don't play the "but the baby looks white" card.
  8. Like
    sjr09 reacted to Gary and Alla in my fiancee is being detained   
    France. They may surrender at any time!
    Seriously, that was an expensive vacation. She was not legitmately eligible to apply for AOS in the first place though she may have pulled it off if she had gone to the appointment. She will receive a lifetime ban and will not be able to claim asylum...it's FRANCE!
    She will likely receive a lifetime ban for any visas. Not sure if she could get a waiver. How would you like to live in France?
  9. Like
    sjr09 reacted to aaydrian in my fiancee is being detained   
    How does the post quoted show success in art/science? What does this have to do with legally becoming a resident in the US? Do you think ICE only deports average Joes?
    Asylum from France due to fear from a few Semitic killings?
    Sir put down the kush and step away from the computer for a while. Then come again with a bit more rational thinking.
  10. Like
    sjr09 reacted to Sarah Elle-Même in my fiancee is being detained   
    Anti-Semitic attacks in France consist mostly of neo-nazi or anti-Israel punks defacing synagogues with swastikas or arson. This is not the pogroms!! It is not grounds for asylum nor SHOULD it be. Honestly this whole post is ridiculous and makes zero sense. If you aren't trolling and really do have a fiancee in this situation my advice if she doesn't want to go back to France she should go to Israel where they love frivolous asylum claims as long as it's being made by an Ashkenazi.
  11. Like
    sjr09 reacted to Penguin_ie in my fiancee is being detained   
    She will not get asylum, and being denied for that on top of everything else and then getting married and filing a I-130 is going to look super suspicious.
    - When did she get divorced?
    - When did you start your relationship?
    - Why did you not marry earlier (or is she not even divorced yet), and when do you plan to get married?
    - Are you a US citizen?
  12. Like
    sjr09 reacted to AmyWrites in my fiancee is being detained   
    I don't think she will get asylum.
  13. Like
    sjr09 reacted to NigeriaorBust in my fiancee is being detained   
  14. Like
    sjr09 reacted to amykathleen2005 in my fiancee is being detained   
    Ok, so entered, got married, entered with intent to adjust, attempted to adjust, got lazy and couldn't even go to her own immigration appointment and was presumably denied.
    It doesn't seem as though your fiance has ever paid any attention to immigration before, why now?
  15. Like
    sjr09 reacted to Psoas10 in Favorite Filipino food/dishes   
    Looks like someone is having pro bowl party on Maui.
  16. Like
    sjr09 reacted to Hank_ in Tragic Story   
    ... don't get me started as I would get banded for sure.
  17. Like
    sjr09 reacted to The Nature Boy in Sometimes a Picture is worth a 1000 words   
    I think this sums up everything that needs to be said about guns

  18. Like
    sjr09 reacted to The Nature Boy in Ted Nugent tells Obama to back off unless he wants another war   
    eah[quote name=' timestamp='1358893699' post='5936026]
    NUGENT: I'm part of a very great experiment in self-government where we the people determine our own pursuit of happiness and our own individual freedom and liberty not to be confused with the Barack Obama gang who believes in we the sheeple and actually is attempting to re-implement the tyranny of King George that we escaped from in 1776. And if you want another Concord Bridge, I got some buddies.
    http://mediamatters....nugentshotshow1

    Yeah Ted. Go man.
  19. Like
    sjr09 reacted to Boiler in Looks like obama has screwed us all   
    I remember commenting months ago that there would be a major influx of cases which for Political reasons would take priority, and that is what happened.
    There has been no major recruitment of staff that I know of, something has to give.
  20. Like
    sjr09 reacted to Ban Hammer in Shooting at Lone Star College in north Houston   
    but if someone wanted one, they could make their own.
    some news reports i've seen indicate they were secured - not out for him to grab.
  21. Like
    sjr09 reacted to natty bumppo in Shooting at Lone Star College in north Houston   
    So how is that ban on murdering people working out for you?Or the ban on guns at school?Or the host of other laws broken by the perps?
    All those bans and laws that were broken ... How many more do people want added to only be broken ...
  22. Like
    sjr09 reacted to natty bumppo in Shooting at Lone Star College in north Houston   
    [quote name=' timestamp='1358899577' post='5936199']
    ????????

    Face it ...mr dog is clueless regarding his comment
  23. Like
    sjr09 reacted to Usui Takumi in Shooting at Lone Star College in north Houston   
    Note the registered prior to 1986 part.
    IE Automatic Firearms are not completely outlawed, newer models may not be sold etc.
    So to use this as an example of what New York did, the Federal government would remove the grandfathering of the pre 86 firearms, causing owners to sell out of country or have the item confiscated.
    I hope that clarifies what I was getting at.
  24. Like
    sjr09 reacted to Usui Takumi in Shooting at Lone Star College in north Houston   
    No one has ever outlawed automatic firearms. On the Federal Level I would say we are not on a slope. New York and California are on a slope, but I have faith that the legal system will cut in and stop NY, a further precedent will be set and states like CA will be forced to roll back laws.
    Rest assured I do not believe the NY law will survive.
  25. Like
    sjr09 reacted to ^_^ in Shooting at Lone Star College in north Houston   
    ????????
×
×
  • Create New...