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Prenups when marrying foreign

Discuss dating, relationships and foreign women.

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Enticer
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Prenups when marrying foreign

Post by Enticer » May 1st, 2014, 5:50 am

American man...brings an Asian woman to the US to live. No comments here on this guys...he has NO choice...he will bring her there and marry her....

How does he protect his assets and will it be legal for a foreign woman who barely speaks english?

Taco
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Post by Taco » May 1st, 2014, 6:18 am

Prenups are only valid in the US. That said, all it takes is a false accusation to land you in jail and you'll be losing money one way or another.

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Cornfed
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Post by Cornfed » May 1st, 2014, 6:26 am

It is surprising that having a pre-existing arrangement for wifey to suffer an unfortunate accident isn't a common form of prenup in the West. Western men really seem to be passive victim types.

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jamesbond
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Post by jamesbond » May 1st, 2014, 4:24 pm

Taco wrote:Prenups are only valid in the US. That said, all it takes is a false accusation to land you in jail and you'll be losing money one way or another.
I have read stories where judges have thrown out prenups for various reasons (woman claims she needs more money from her ex husband to help with bills, she was abused by her ex husband, etc.).

Having a prenup is better than not having one. Actually the best route is to move to a foreign country and marry a woman there and then live together. This is not always possible though.

Being a married man and living in the US is like gambling in Vegas. :P

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Enticer
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Post by Enticer » May 1st, 2014, 6:13 pm

One more time. I CANNOT and WILL NOT leave the US....

Sooooo...i'd be bringing back a foreign woman and would want a prenup...

pandabear
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Post by pandabear » May 1st, 2014, 6:33 pm

Before you go, you may want to consider placing your properties and assets into a revocable living trust. If you put her name on your home, then I think that she will be entitled to one-half of it in the event of a divorce.

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jamesbond
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Post by jamesbond » May 1st, 2014, 6:41 pm

pandabear wrote:Before you go, you may want to consider placing your properties and assets into a revocable living trust. If you put her name on your home, then I think that she will be entitled to one-half of it in the event of a divorce.
Excellent advice. If I get married I God damn guarantee I will have a lawyer draw up the best prenup agreement possible. Putting your assests in a trust is one way to cover your ass (in case of a divorce).
"When I think about the idea of getting involved with an American woman, I don't know if I should laugh .............. or vomit!"

"Trying to meet women in America is like trying to decipher Egyptian hieroglyphics."

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Cornfed
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Post by Cornfed » May 1st, 2014, 6:42 pm

Enticer wrote:One more time. I CANNOT and WILL NOT leave the US....

Sooooo...i'd be bringing back a foreign woman and would want a prenup...
So presumably you are rich and so can maintain separate assets and not co-mingle them with you day to day living expenses. If not, the assets will likely be viewed as community property by anti-family courts anyway, so there is no point in a prenup.

Halwick
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Post by Halwick » May 2nd, 2014, 12:23 am

jamesbond wrote:
pandabear wrote:Before you go, you may want to consider placing your properties and assets into a revocable living trust. If you put her name on your home, then I think that she will be entitled to one-half of it in the event of a divorce.
Excellent advice. If I get married I God damn guarantee I will have a lawyer draw up the best prenup agreement possible. Putting your assests in a trust is one way to cover your a** (in case of a divorce).
Even if you have an ironclad, bulletproof prenup or trust drawn up, you'll still run the risk of losing most of your assets.

If the prenup puts a cap on the assets she can get in the event of divorce, or the prenup leaves her in poverty or without sufficient funds to live (subjective to interpretation and determined by the judge), the judge will disregard the prenup and award her a portion your assets and alimony and child support (if there are children) anyway.

Furthermore, if the prenup was presented to your lovely Filipina and you coerced her to sign, i.e., "no sign, no marriage", or she doesn't fully understand the document, the judge would consider that under duress conditions and throw the prenup out.

So, what's the point of having a prenup if the judge it going to split up your assets? You've just wasted a lot of money for a useless document you thought would protect you.

If you don't want to lose your assets, don't get married. Be careful about common law cohabitation. If you so much as state, she is "like a wife", then you lost the battle. That's what happened to the actor Lee Marvin in the infamous "palimony" lawsuit. His live-in girlfriend had no legal claim on any of his assets. But he stated she was "like a wife" to him. The judge awarded her a substantial amount of his assets and "palimony".

Enticer
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Post by Enticer » May 2nd, 2014, 1:21 am

I'm in Pennsylvania, USA. I make enough to support a wife but am published and own a small home. If this happens, it'll be 1-2yrs from now and by then, i'll have another business doing well. I have a 5yr old son and want him protected as well.

In Pennsylvania, they dont have alimony like other states. You only have to pay her until the divorce is final...which COULD take 2 yrs but in most cases not. My biggest worry is division of assets and her perhaps getting her mitts on future sales from my business.

I know some lawyers and judges can say it was coerced and unfair....and throw it out. I'm not sure about a trust or what the comments were about "if you go..." - i'm not going anywhere, except to visit.

The goal is to find someone abroad, get to know them, bring them here on a fiance' visa and if all is good..marry them and stay in the US. Please dont lecture me about the dangers of her moving here etc etc. I cannot move....and will not. I'd be in control of most everything and treating her right...but want my ass covered, just in case...

Tsar
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Post by Tsar » May 2nd, 2014, 7:14 am

Enticer wrote:I'm in Pennsylvania, USA. I make enough to support a wife but am published and own a small home. If this happens, it'll be 1-2yrs from now and by then, i'll have another business doing well.
What is the general type of businesses? Service, outdoors, restaurant industry, consulting? I'm interested in entrepreneurship. Can you offer me any good advice?

davewe
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Post by davewe » May 2nd, 2014, 8:35 am

Enticer wrote:I'm in Pennsylvania, USA. I make enough to support a wife but am published and own a small home. If this happens, it'll be 1-2yrs from now and by then, i'll have another business doing well. I have a 5yr old son and want him protected as well.

In Pennsylvania, they dont have alimony like other states. You only have to pay her until the divorce is final...which COULD take 2 yrs but in most cases not. My biggest worry is division of assets and her perhaps getting her mitts on future sales from my business.

I know some lawyers and judges can say it was coerced and unfair....and throw it out. I'm not sure about a trust or what the comments were about "if you go..." - i'm not going anywhere, except to visit.

The goal is to find someone abroad, get to know them, bring them here on a fiance' visa and if all is good..marry them and stay in the US. Please dont lecture me about the dangers of her moving here etc etc. I cannot move....and will not. I'd be in control of most everything and treating her right...but want my a** covered, just in case...
While I am in favor of what you are doing, you should realize that alimony is not that important. Once you bring a foreign girl to the US, you are legally obligated to support her if you separate or divorce. The government may or may not go after you but you have to be prepared for that possibility. That is why you have to prove you have income. If she is out on the streets and ends up collecting public assistance the US govt. will go after you.

Just sayin...

Enticer
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Post by Enticer » May 2nd, 2014, 6:34 pm

The best business advice I can give is to buy the life changing book: The 4hr work week - by Tim Ferris.

I am in sales and service but slowly outsourcing my income thru automation. Websites that make money for you 24/7. Products are OK...but a liability. Service industry is ok, but a liability. Dealing with people is a liability and you could end up a slave to the business. How can you enjoy your money?

I always have 3-4 sources of income. I do video and photography and even mow a few lawns on the side. But i see automation as the way of the future...let a computer- website make the money for you.

@Dave....sound advice and thinking. Thanks!

Vegascook
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Post by Vegascook » May 4th, 2014, 4:40 am

Have the prenup translated into her native language. Have her sign it after it has been explained in her native language in front of witnesses such as your legal counsel and his paralegal. Make her aware of the prenup prior to bringing her here and have proof of doing so. Place your assets in a trust and make it very expensive and tough for a a divorce attorney to mess with it. The attorney loses time and money if he fails in court against you so more precautions are better than none. Place some or a large portion of your cash in a Cayman Islands account because a divorce judge can't do shit about it since it's in a foreign country and not under his jurisdiction. Incorporating your assets might also be another viable option. Just make sure the fiance knows upfront what you expect her to sign and how difficult it would be to walk away with what's yours.

Enticer
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Post by Enticer » May 4th, 2014, 6:11 am

Good advice...thanks. I dont have much. But my ideas are about to take off. My income could spike in the next 6-12 months and cash could be really flowing in. I just want my ideas and businesses protected more than cash...

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