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International Marriage (Dutch/ American) and the pre-nup

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Hi VJfolk,

My question is not so much immigration related, but I figured that this would still be one of the best places to find people with more experience on the matter. First, I'll give you a little personal information (it might help with giving advice, or only satisfy your curiosity), then I'll list the actual questions I hope you can help me with.

General

I'm Dutch, he's an American expat on a permanent residency permit. We're engaged to be married later this year, for love and for easier migration to the US at some point in the not too distant future. We're mid to late thirties and have assets/debts as well as ambitions that make a pre-nup a good idea. We cohabitate. I have a decent job, but have some student debt to pay off. He has a house, as well as several US pension accounts in which he has amassed considerable funds. In the future, it is distinctly possible that either or both of us become self-employed.

We intend to obtain a spouse visa through DCF.

Legally relevant bit

Dutch marriage law is nonstandard, in that without a pre-nup all assets and debts are joint property after the marriage. This is not something I am comfortable with.

We hope to end up in CA, which has laws that decree that only property/ debt amassed after the marriage is joint. Any debts and assets that pre-date the marriage remain private. We have not yet decided on what a final or definitive division of property should be, but it will probably be a gradual merging, keeping only certain specific assets private.

I have not yet been able to determine how to protect the spouse in case of misfortune in entrepreneurship, nor specific requirements a legal agreement should meet in order to be accepted in a CA family court, should worst come to worst.

I need legal advice, but don't know where to go. I would love to get referrals to websites that deal with this subject, international marriage law specialists that you have good experiences with, and other worthwhile data. I would also like to hear how you handled substantial income disparities between partners with regards to the pre-nup (f.i. a clause that specifies financial means to repatriate in case of divorce). Also, advice on how to deal with non-US citizen/ dual nationality spouses in terms of investing and/ or being a beneficiary on insurances, pension and investment accounts would be welcome. We plan on consulting a tax specialist, but the more data I have, the better.

Thanks in advance!

I have a blog!
My blog.

First date: May 31 2009
Moved in together: April 16 2011
Got married: November 25 2011

Sent I-130 (from abroad): November 5 2012
NOA 1: November 8 2012 (MSC / NBC)
NOA 2: January 2 2013

NVC case complete: April 15 2013
Interview date: June 25 2013
POE: ???

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