Prenuptial agreement valid?

Lacoloringa

Registered
Hi,
My boyfriend and I are planning to be married in September in Buenos Aires and I can't find any information as to whether prenuptial agreements exist in Argentina and/or if they are valid. I would really appreciate any information on this.

Thank you.
 

tangobob

Registered
I am not an expert on this, so if someone comes with more info....

As far as I know, if you are married in Argentina, everything, todo, the lot,
becomes joint property.
Even though we are a UK couple married for more years than you can imagine, when I bought property here, it had to be in joint names. Even if I had come on my own, to do the deal my wife's name had to be on the document.
So my answer would be, not worth the paper it is written on.
 

nikad

Registered
tangobob said:
I am not an expert on this, so if someone comes with more info....

As far as I know, if you are married in Argentina, everything, todo, the lot,
becomes joint property.
Even though we are a UK couple married for more years than you can imagine, when I bought property here, it had to be in joint names. Even if I had come on my own, to do the deal my wife's name had to be on the document.
So my answer would be, not worth the paper it is written on.
You are right tb, the lot ( bienes gananciales ) becomes joint property ( even if you buy under your sole name while married ) just not what you owned before getting married ( bienes propios ). Some people might declare these with a public notary, just so in case they divorce it is clear what belongs to each.
 

Lacoloringa

Registered
Thanks so much for the info. But, would things that I own separately in the U.S. currently be considered part of his too? I don't intend to buy any property here...we are going to live in the U.S.
 

mini

Registered
Something to consider:

In multinational marriages, it is often the country that you divorce in that makes the judgment. International marriages can get really very complicated. If you really want to protect your assets, you should probably put them in the name of a company or something. (But I don't know how.) I highly suggest you talk to a lawyer before you get married.

On this forum there was an interesting link to an article about international divorces. I'm really bad a searching forums. You might have better luck.
 

sergio

Registered
Nikad is right. Property that you own PRIOR to marriage remains yours. Your spouse can not get it in the event of divorce. After marriage property is joint property. Also keep in mind that in Argentina you can not will property to anyone. If you die and leave a spouse, parents or children the estate goes to them starting with spouse and children. You can leave 20% of your estate to whomever you want if you write a will.
 

mini

Registered
sergio said:
Nikad is right. Property that you own PRIOR to marriage remains yours. Your spouse can not get it in the event of divorce. After marriage property is joint property. Also keep in mind that in Argentina you can not will property to anyone. If you die and leave a spouse, parents or children the estate goes to them starting with spouse and children. You can leave 20% of your estate to whomever you want if you write a will.
Again, this is if you get divorced here in Argentina. The OP is going to live in the US. If they get divorced in the US things will be based on the rules/regs of the US court that pronounces the divorce. And I believe even in the US it changes state to state.
 

nikad

Registered
mini said:
Again, this is if you get divorced here in Argentina. The OP is going to live in the US. If they get divorced in the US things will be based on the rules/regs of the US court that pronounces the divorce. And I believe even in the US it changes state to state.
I believe the OP is concerned about properties that he owns prior to marriage, neither in the US nor in Argentina his spouse is entitled to any of these in case of divorce ( it doesn´t matter whether they get divorced in Arg or the US ) In case of death, then it is a different story. Hopefully they will live together and won´t divorce, but they should plan ahead in case of death.
 
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