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Pre Nup Questions

Pre Nup Questions

Old Mar 3rd 2011, 10:57 pm
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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.
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Old Mar 3rd 2011, 11:20 pm
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Default Re: Pre Nup Questions

Originally Posted by therockSO View Post
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.

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Old Mar 4th 2011, 12:19 am
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Default 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.
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Old Mar 4th 2011, 4:21 pm
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Default 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!
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Old Mar 4th 2011, 7:53 pm
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Default Re: Pre Nup Questions

Originally Posted by sir_eccles View Post
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.
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