pre nup - advice needed!!!

[sivan]

hi im a south african permanent resident with british citizenship and im marrying an argentinian next month. (we are both 23) my family back in south africa is really anxious that i get a pre nup drawn up. to be honest im not really sure why cos were both coming into this marriage with minimum assets but anyway... all the argentinians ive spoken to seem to find the whole idea of a pre nup quite laughable. does anyone have any idea about how one would go about organising this???

 

[GuilleBaires]

The Argentine law does not allow pre nups... so don't waste your time!

 

[Elpanada]

Reading this is rather depressing since as far as I can see it is about A. Lack of trust for a spouse, B. Parental pressure, C. Big decisions and D. ImmaturityThe reason that I say this is because you are looking for advice on getting a pre nup made that your family wants you to have but you yourself do not want. I do not mean to be rude or anything but I think that the best advice that one can give you is to postpone the marriage until you have a clear enough head to think and act independantly.

 

[anda]

Hello here go my 2 cents:
Elpanada! Your answer sounds a bit drastic - I think it is probably natural for parents in far away countries to worry about such things. Particularly when there are geographic, cultural differences, language barriers? I know it would be a concern of my parents!!!
An argentine friend of my mothers married to a dutch man for over 10 years got scammed out of the house she had bought with her Argentine inheritance in their divorce (the house was in Holland) ...now she is living on what she can... Of course this is an extreme case and so on, I believe their concern may be valid.
Prenups are not valid in Argentina, I believe, as there are "herederos forzosos/ forced heirs"- the spouse is entitled to 50% of everything you have both made during the years of mariage. Everything you had before, if it has been notarized is yours and cannot be touched , everything you inherit and has been notarized I have been told is yours and cannot be touched.
I believe that to be the law in Argentina- but if there are any argentine lawyers around do bring more precisions.
I am sure the info wont be necessary but if it helps put your parents at rest, then so be it...

 

[dropthezero]

What Anda says is pretty much exactly what i've been told on numerous occasions by expats and argentines. any assets you had from before the marriage are yours and yours to keep. Any assets or money you earn once you get married get split 50-50 in the event of a divorce. Kind of benficial if your spouse earns more than you...!

 

[sivan]

not to get to defensive but elpanada u dont know me or know anything about me so i would prefer it if you didnt start making judgements! u probably wouldnt appreciate it to much either!
thanks for the advice but i have another question.
anda; u wrote about having your things notarised. what exactly does that entail?

 

[Elpanada]

You are right I don't know you or much about you and it is about your preference, so these will be my last comments in this thread, you asked for advice and I gave you advice, then you asked for something else and sure no problem you've got it. I have however obviously already made my "judgements" so it is impossible for me to not start making them.

 

[anda]

Sivan, by notarising I meant having you things listed and documented with a public notary (escribano), but let me check properly with a lawyer and get back to you (some days).
It may not be necessary to notarise as the law (in theory)- already contemplates what happens to assets that you had before the marriage or those that are gifts just to yourself, or that you inherit.
Found this in english:
http://www.ilo.org/public/english/employment/gems/eeo/law/argen/eeo_lda.htm

 

[chris]

It is true that property owned prior to marriage remains the property of the original owner. However, anything acquired after marriage belongs to both. Also keep in mind that Argentine law follows Napoleonic law. You MUST leave 80% of your estate to your family. If you have no assets, a pre nuptual agreement is obviously useless.