Prenup Help Married Overseas

[ermacdude999 0]

Hello, I am marrying a Peruivan Woman in Peru and her and I would like to get a prenup.

I am having a hard time figuring out where I would need to get this done.

1. Should I do the agreement there?

2. Should I do it here with my lawyer, send it to her and have her get a lawyer to review and sign it?

3. If we get divorced here in the United States, how would I make sure to maximize the enforcibility of the prenup?

4. Does anyone have any experience with this and can point me in the direction of a good lawyer?

[pluis 2]

I can't point you in the direction of a good lawyer, but I recommend looking into lawyers that advertise to expats. They'll likely have the international experience that you're looking for. We did our pre-nup with legal professionals who cater specifically to international couples, and were therefore able to create something that will likely be enforceable no matter where we would be.

Ask the lawyer if you have a choice in what law (Peruvian or US (and then what state) law applies to your marriage. Also ask them, with regards to the state to which you plan to move, what the enforceability requirements are for pre-nups. It may be that both you and your wife need legal representation. It may also be that what is enforceable in one state, is not enforceable in another.

Another note: if a pre-nup is deemed unfair, it is possible that a divorce court throws it out, no matter how legal the document is. So, maybe get some advice on what is considered fair under different marriage laws. As I understood, American courts (even in community property states) tend to be okay with keeping pre-marriage assets separate, but they tend to balk at keeping post-marriage income separate. Getting actual information (from a legal professional, not me) on things like this, can help you create something that protects both your wife and yourself.

Ps. I'm not sure what purpose the pre-nup would serve, but they're also excellent for safeguarding assets from bankruptcy in case one of you starts a company.

[lucybelle 453]

I live in Costa Rica with my husband and we got a prenup drafted by a USA lawyer, in English. We then signed it and got it notarized at the US embassy.

We didn't use a second lawyer, which you're supposed to. If we had used a second lawyer, we would have got a bilingual lawyer to represent my husband, then have it notarized at the US embassy.

Thought I should add, we were married in the USA, but not in the state where we plan on living.

You should have everything signed and notarized at least 30 days before marriage.

Edited June 13, 2013 by lucybelle