British Expats

British Expats (https://britishexpats.com/forum/)
-   USA (https://britishexpats.com/forum/usa-57/)
-   -   Pre Nup Questions (https://britishexpats.com/forum/usa-57/pre-nup-questions-707871/)

therockSO Mar 3rd 2011 10:57 pm

Pre Nup Questions
 
My British S/O of 10+ years and I will be getting married in April. I would like to put a pre nup in place. Any suggestions on things that are an absolute MUST to include considering the immigration aspect? My immigration attorney has told me to see a family law attorney, but I am concerned that a family law attorney may not understand the immigration protocol.

Noorah101 Mar 3rd 2011 11:20 pm

Re: Pre Nup Questions
 

Originally Posted by therockSO (Post 9216527)
My British S/O of 10+ years and I will be getting married in April. I would like to put a pre nup in place. Any suggestions on things that are an absolute MUST to include considering the immigration aspect? My immigration attorney has told me to see a family law attorney, but I am concerned that a family law attorney may not understand the immigration protocol.

I suggest going ahead with the family law attorney, and bring him a copy of the I-864 form and instructions. Tell him this is the Affidavit of Support that the USC is required to complete for an immigrant. Let the attorney figure out how the I-864 comes into play regarding a pre nup. That's the only immigration document that would relate to anything financial.

Rene

Bob Mar 4th 2011 12:19 am

Re: Pre Nup Questions
 
Speak to a family lawyer...prenups all depend on the state, some don't allow them and some limit what can be in them.

Immigration won't have much baring, except how the financial sponsor bit might come into play.

sir_eccles Mar 4th 2011 4:21 pm

Re: Pre Nup Questions
 
Don't forget that when you speak to a family lawyer, your SO should also be speaking to a different family lawyer.

We considered a pre-nup before our wedding and in the end decided we actually trusted each other to be equitable enough not to need to shell out for two NYC (where we were living at the time) lawyers. $thousands!

md95065 Mar 4th 2011 7:53 pm

Re: Pre Nup Questions
 

Originally Posted by sir_eccles (Post 9218005)
Don't forget that when you speak to a family lawyer, your SO should also be speaking to a different family lawyer.

That is a very important point (and one which your attorney should explain to you).

In California, at least, a pre-nuptial agreement is essentially unenforceable unless both parties were represented by separate attorneys in order to avoid any conflict of interests.


All times are GMT. The time now is 4:37 am.

Powered by vBulletin: ©2000 - 2020, Jelsoft Enterprises Ltd.
Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.