Pre-nup advice for Italian beneficiary!

[Carlotta Fini 0]

Hey guys,

 

I'm Italian and my fiancé filed the I-129F form and we received NOA1 on the 25th March 

We both agree on a PRE-NUP 👰 but since that has to be done before getting married I'd like to know what's the procedure as a foreigner:

 

- do i need to go to a lawyer in my country (where i own a house and a bank account)

- or seen that i'll move to the US it has to be done there??

- how long does the process last?

- do we both need to be physically present before the lawyer?

 

Thankssssss 

[Ontarkie 14,109]

~~Moved to Off Topic, from K1 P&P - as similar threads are discussed here.~~

[Ontarkie 14,109]

I'm far form an expert. But here is what I've seen discussed here. 

 

Since you own a house and money in  your home country. Get a lawyer there and a prenup. She will most likely need her own layer there too as she needs proper legal representation. This lawyer cannot be retained by you. It has to be her lawyer.

 

Next do the same thing once in the US. You both need your own lawyers and get everything sorted out before your arrival. This way all you have to do is sign after arrival. 

 

 

[Carlotta Fini 0]

@Ontarkie hey 😁 I got part of the text, I just didn't understand "This lawyer cannot be retained by you. It has to be her lawyer.", that 'her' would be me?

You mean that i would need 2 different lawyers (1 in Italy and 1 in USA)?

Will i also need a notary?

And how long does the process last? 

 

Thanks again 

[Ontarkie 14,109]

5 hours ago, Carlotta Fini said:

@Ontarkie hey 😁 I got part of the text, I just didn't understand "This lawyer cannot be retained by you. It has to be her lawyer.", that 'her' would be me?

You mean that i would need 2 different lawyers (1 in Italy and 1 in USA)?

Will i also need a notary?

And how long does the process last? 

 

Thanks again 

You both need 2 lawyers in both countries since you are wanting a prenup in both countries. Italy might not be as picky but the US sure is. One for each of you.

 

When in the US make sure the lawyer can properly translate or make the prenup in Italian. Again depending on Italy the same for the USC should be in English.  If it's not it's another thing that can be challenged in courts as not understanding what the person was signing.

 

So basically both of you need to pay your own lawyer, the payment cannot come from one person as the person who pays is who the lawyer really works for. This is can have the prenup tossed out of court.

 

A notary will not be needed as you both should have your own lawyer. 

 

This info is from over the years seeing ppl trying to fight and what they lost in court because they were not properly represented. I never needed a prenup so I have no first hand experience just seen members and friends talk about their experience. 

[Carlotta Fini 0]

Ok great thanks for the info!! Very useful 😃 have a nice day 🤗