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Prenuptial Agreements

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Pineau:
I have a lady friend that is engaged to an American. He surprised her yesterday with a 15 page prenuptial agreement. She is sad to say the least but more inportantly she needs to try to understand it. I am doing what I can to explain it to her but I need a little help on some specific questions. So any legal types in our group please give an opinion.

This woman is  eligible for retirement in a few years. she will forfeit that if she marries him and moves away to America. So he has made some provisions for alimony should they divorce. But i am not sure if his offer is really worth anything.
Anyone know what the immigration  laws provide for in the way of alimony?
support amount to WIFE under the Immigration Laws of the United States, whichever is lesser.

I dont want to post much more that could be used to identify her in case her fiance is browsing this forum. So anyone needing more info then PM me and I will give you details privatly.

Robertt S:
She should get a copy of the pre-nup and take it to a certified translator and have it translated to Chinese, then make an appointment with a Chinese lawyer to have the legal ramifications of the pre-nup explained to her. I would make him pay for the translations and lawyer since apparently his wallet and heart occupy the same space. I can see why he is looking in China, I am pretty sure most western women told him where he could store the pre-nup for safe-keeping. ;)



As far as immigration law, there is no laws concerning divorces, alimony, child support or other family issues.Family issues are handled in state of residence family court system. If their state allows pre-nups then she has to abide by the pre-nup, the only type of support granted is not for the immigrant but a contract that gives the federal government the option to sue him to collect any means tested benefits the immigrant may receive, that contract is the I-864 which by the way is NOT affected by the pre-nup in any way. He will be liable for the I-864 for 10 years, her death, or her abandonment of her permanent residence status. She needs to find a lawyer that is familiar with the family court system in the US and his home state preferable to really understand her situation fully. Even if he lists alimony to her in the pre-nup, she needs to find out if she has any legal remedies if she decides to return to China and he refuses to pay alimony. Here is a link you can read up on pre-nups!  http://www.nolo.com/legal-encyclopedia/prenuptial-agreements-what-law-allows-30283.html

Willy The Londoner:
My advice would be to give the paperwork back and the ring!

Pre Nups to a Chinese Woman are like saying "Ok I make be making a mistake but you sign this and we go ahead. No signing and we do not.'   

Where the F--- has love gone.

Pre nups are a stigma on the American legal system. I say if you make a mistake you pay.

Get rid of him I say.

Willy

Rhonald:

--- Quote from: Willy The Londoner on May 17, 2012, 08:04:00 pm ---Pre nups are a stigma on the American legal system.

--- End quote ---

From Wikipedia:

United Kingdom
 
Prenuptial agreements have historically not been considered legally valid in England.

Continental Europe
 
Prenuptial agreements have long been recognized as valid in several European countries, such as France, Belgium, the Netherlands, Germany, Switzerland, Sweden, Denmark, Norway and Finland.

United States
 
Historically, judges in the United States accepted the view that prenuptial agreements were corrupting what marriage was supposed to stand for, and often they would not recognize them. Currently they are recognized, although they may not always be enforced.

Pineau:
Willy, I don't know his motives. He has probably heard the many horror stories about westerners being victimized by Chinese ladies or he is listening too much to his friends. Whatever the case it seems like he is paranoid about it. I read the document and it is thorough, prepared by an attorney and one sided.

My advice to her would be to throw it in his face and walk away but that is not going to work. I think they are both in love but just apprehensive about the future.

So she will probably sign the agreement just to keep him happy but she is fearful of the ramifications to herself if there was a divorce in the future. What is she going to loose? what rights are she signing away? Those are the types of questions she is asking. Not weather or not to sign it but what affect will it have on her future.

I think that is she signs it under duress (ie. he wont complete the marriage if she does not.) then the agreement is not enforceable.

(a) A premarital agreement is not enforceable in an action proceeding under the Florida Family Law Rules of Procedure if the party against whom enforcement is sought proves that:

1. The party did not execute the agreement voluntarily;
2. The agreement was the product of fraud, duress, coercion, or overreaching; or
3. The agreement was unconscionable when it was executed

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