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What kind of lawyer do I need for international prenup?

By ryan3434 in Tax & Finances During US Immigration

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Crazy Cat Grand Master

Crazy Cat   41,845

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Family Law in your state of residence would be appropriate.

Edited by Crazy Cat

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Palawan Community Regular

Palawan   131

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On 7/21/2022 at 6:39 AM, ryan3434 said:

Hello, I am American, and my fiance is Chinese. For a prenup, do I need an "international family law" lawyer, or just a regular "family law" lawyer, or immigration lawyer, or...?  (Please don't say all three 😕 ) 

You would be best serve to have your fiancé go to separate lawyer and get advice on her signing, I have heard most courts will throw out a prenup if the other party didn't get representation and legal advice.

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beloved_dingo Proficient

beloved_dingo   1,976

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1 hour ago, Palawan said:

You would be best serve to have your fiancé go to separate lawyer and get advice on her signing, I have heard most courts will throw out a prenup if the other party didn't get representation and legal advice.

I have seen almost every prenup I've encountered in family law be upheld, regardless of whether both parties had an attorney when it was signed. The #1 reason for a prenup to be thrown out is proof that one or both parties did not fully disclose all assets and/or debts. 

 

However, it doesn't hurt for both parties to have a lawyer, especially if their situation is complicated and there are international assets. I would also suggest both having an attorney if the prenup is very one-sided.

 

No one should ever sign a legal document unless they fully understand their rights and responsibilities pertaining to what they are signing. 

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Palawan Community Regular

Palawan   131

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On 7/26/2022 at 10:48 AM, beloved_dingo said:

I have seen almost every prenup I've encountered in family law be upheld, regardless of whether both parties had an attorney when it was signed. The #1 reason for a prenup to be thrown out is proof that one or both parties did not fully disclose all assets and/or debts. 

 

However, it doesn't hurt for both parties to have a lawyer, especially if their situation is complicated and there are international assets. I would also suggest both having an attorney if the prenup is very one-sided.

 

No one should ever sign a legal document unless they fully understand their rights and responsibilities pertaining to what they are signing. 

My fishing buddy is an family attorney in Texas, he said he can get a prenup thrown out if both parties don't seek seperate legal rep.  I just took his word for it, I assume he knows the law better than me.

 

Are you an attorney? What state?

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Palawan Community Regular

Palawan   131

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On 7/26/2022 at 10:48 AM, beloved_dingo said:

I have seen almost every prenup I've encountered in family law be upheld, regardless of whether both parties had an attorney when it was signed. The #1 reason for a prenup to be thrown out is proof that one or both parties did not fully disclose all assets and/or debts. 

 

However, it doesn't hurt for both parties to have a lawyer, especially if their situation is complicated and there are international assets. I would also suggest both having an attorney if the prenup is very one-sided.

 

No one should ever sign a legal document unless they fully understand their rights and responsibilities pertaining to what they are signing. 

What state do you practice law in in the USA?

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