Jump to content
dianne

Pre-nuptial agreement!!!

 Share

22 posts in this topic

Recommended Posts

pre-nups are standard practice in most countries if there is a disparity in pre-existing assets within the couple. post-nups are common in the event that an individual stands to inherit, and must do so singly as a condition of the inheritance. period. the end.

you have screwed your husband out of an inheritance that could have made both of your lives much easier. you have also put an undue strain on his relationship with his mother. fix it before the old lady croaks and leaves all the cash to her cats.

tell your husband that you want to create a "post-nuptial" contract that specifically protects his interest in his inheritance so that the relationship between he and his mother will be restored. this should cost less than $250 from any decent estates and wills attourney if you have terms and conditions agreed upon in a written form that can be considered for legality and put into a legal format.

then focus on being a loving wife and everything will turn out better than it would have without a contract. trust me.

This does not Jibe with "Community Property" states where inherited property is clearly noted by law as "Separate Property" The End. :whistle:

Inheriting property is NOT a reason to get a Prenup, per se, when the law already protects individual owners rights.

Sign-on-a-church-af.jpgLogic-af.jpgwwiao.gif

Link to comment
Share on other sites

http://en.wikipedia....ptial_agreement

I used IE to do the original post and it screwed up all the formatting.

This is done with Google Chrome.

This link has state-by-state notes at the bottom of how post-nups apply.

If you already married, it's just a question of nomenclature - you can do a post-nup if both agree.

When people get old, they frequently are paranoid and fearful. They are thinking about themselves and no one else.

In the US, the thinking is often very different regarding things such as these because our whole culture is dominated by

laws and lawyers rather than solid family values and trust. That doesn't preclude trust and good values from being established,

but a post-nup would lay a framework upon which a possible breakup would be governed in an equitable way.

The state of mind of his mom is understandable, because my mom is 83 and she really doesn't trust anyone, while we all take care of her very well.

My mom trusts my wife more than she does her kids and that is because my wife is the primary caregiver (while she awaits permission to work).

It's very difficult to encourage my mom to change any of her thinking and his mom may be no different. Even if my mom has been very difficult for

her children to deal with, she NEVER interferes in anything regarding my relationship with my wife and THAT is a blessing.

The OP's mother-in-law's threat to "disown" him seems a bit vague however. Did she already change her will to give him nothing,

awaiting a post-nup that bows to her every whim? Who has she put in her will in his place?

The mother must also understand that a post-nup would be between the married parties, to be negotiated by them alone and

not conditional upon the performance of any duties to the mother-in-law. She may have wildly unreasonable demands in this regard

and a lawyer should be able to point them out as invalid.

One unexpected bonus of a post-nup would be that you may be pleasantly surprised to see what you would get in the event of a divorce;

such negotiations usually have the requirement to be "equitable" which would mean that the rule of thumb is each gets half.

It would be VERY unlikely that a post-nupwould say you get nothing.

Having him to see what he, your husband would have to give up in that event might make him work a little harder to keep the marriage healthy and happy as well.

Edited by thongd4me

02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

Link to comment
Share on other sites

Since you're now married, it could be called a "post-nuptial agreement," but the name doesn't make a difference. It's just a contract between two people, you and your husband. You will almost certainly need to and want to speak with a lawyer, so that you understand not just what your husband wants to include in the contract but what could potentially be included (or omitted). In fact, since you apparently aren't very familiar with these kinds of things, the contract probably won't even be enforceable by a court (if it were to come to that) unless you have spoken with your own lawyer who is looking out for your own interests, independently from your husband's interests. What I mean is that each of you will almost certainly need to have your own lawyer involved.

It's certainly not a bad thing for any couple to have a contract, whether pre or post-marriage, as it can help avoid all kinds of controversy and stress when a death or divorce occurs. And during your lives together, it may help give both of you peace of mind.

12/31/2009 Married in the U.S. on K-1 visa

01/28/2010 received copy of marriage certificate (what a delay!)

02/01/2010 AOS (I-485/I-765/I-131/I-1145) package sent to USCIS via FedEx (Day 0)

02/02/2010 AOS package received at USCIS confirmed by FedEx (Day 1)

02/08/2010 NOA1 for I-485/I-765/I-131, noting Date of Receipt 02/02/2010 (Day 7)

02/10/2010 Biometrics Letter date, noting appointment on 02/26/2010 (Day 9)

02/23/2010 Notice of Transfer to CSC (Day 22)

02/26/2010 Completed Biometrics Appointment (Day 25)

03/01/2010 I-765 status first available on-line (Touch) (Day 28)

03/03/2010 I-485 status first available on-line (Touch) (Day 30)

04/12/2010 EAD Card Production Ordered (via text message and on-line) (Day 70)

04/12/2010 AP approved and mailed (status shown on-line) (Day 70)

04/17/2010 AP received in mail (Day 75)

04/19/2010 EAD Card received in mail (Day 77)

07/28/2010 AOS Card Production Ordered (via text message and on-line) (Day 177)

08/03/2010 Welcome Letter received in mail (Day 183)

08/06/2010 Green Card received in mail (Day 186)

04/30/2012 Remove Conditions (I-751) sent to USCIS

06/25/2012 Completed Biometrics Appointment

01/30/2013 Card Production Ordered

02/07/2013 Green Card received in mail

Link to comment
Share on other sites

Filed: Timeline

pre-nups are standard practice in most countries if there is a disparity in pre-existing assets within the couple. post-nups are common in the event that an individual stands to inherit, and must do so singly as a condition of the inheritance. period. the end.

you have screwed your husband out of an inheritance that could have made both of your lives much easier. you have also put an undue strain on his relationship with his mother. fix it before the old lady croaks and leaves all the cash to her cats.

tell your husband that you want to create a "post-nuptial" contract that specifically protects his interest in his inheritance so that the relationship between he and his mother will be restored. this should cost less than $250 from any decent estates and wills attourney if you have terms and conditions agreed upon in a written form that can be considered for legality and put into a legal format.

then focus on being a loving wife and everything will turn out better than it would have without a contract. trust me.

Thanks Alot for all the inputs!Above first of all thanks for the great advice,I wanna make it clear I never put any strain on their relationship as mom and son,Infact they haven't talk for awhile before I came over here,or should I say Before I met my husband,But it's true I should be supportive of what they wanted of course,which is why I am planning to reopen this topic to my husband,My Husband Is really a good person,ALL my friends here,I've BEEN told How lucky I am.

I wrote this topic in here because I am seeking an advice and opinion to enlightened me and my belief.

I never doubt his love as I know how he fought everything During our relationship when I was in my Country.He's my very bestfriend,I just don't want to hurt any feelings when I reopen this matter to him which I am seeking the best advice on how to approach for this matter.

Thank alot guys really I appreciated all your insights!God bless us all!!!

Link to comment
Share on other sites

Filed: Timeline

Am I understanding correctly that you are spending your own money for groceries and clothes? Why isn't your husband supporting you?

No It's wrong:-)my husband support all my needs,The reason I spent my own money is because I never ask money when I went to the grocery or mall and get stuff for my self,when he's atwork.Sometimes when we went to the mall together I am VERY STUBBORN of paying what we've got as I am used to it when I lived alone in manila.thanks for the response God bless!!!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...