Prenuptial agreement valid?

[Napoleon]

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'm no lawyer, but I'm thinking that IF there were to be a divorce and the other party were interested in increasing his/her take, then that party would file for divorce in Argentina rather than in the USA.

 

[nikad]

I'm no lawyer, but I'm thinking that IF there were to be a divorce and the other party were interested in increasing his/her take, then that party would file for divorce in Argentina rather than in the USA.

I disagree with you Napo: I have always heard that divorces in the US are wild in terms of money, here in Arg. there is always " a way around things " in many cases a spouse gets away with hiding properties, bank accounts and such, leaving the other with nada...

 

[mini]

I'm no lawyer, but I'm thinking that IF there were to be a divorce and the other party were interested in increasing his/her take, then that party would file for divorce in Argentina rather than in the USA.

No. Not always. Here (from what I understand) anything before the marriage in not split at the end. In other places it doesn't matter when the assets were acquired. They all get split. That article above tells more about that.

 

[rihornos]

Hello

Prenunptial agreements are not valid in my case I married and my husband bought a house well this house is 50% mine and 50% from my husband`s but I had a flat from before and that flat belongs only to me because I bought it when I was single long ago before marriage. Iam local
Hope this helps and good luck with the marriage!

 

[Recoleta Carolina]

I disagree with you Napo: I have always heard that divorces in the US are wild in terms of money, here in Arg. there is always " a way around things " in many cases a spouse gets away with hiding properties, bank accounts and such, leaving the other with nada...

True, true. It is very hard to hide assets in the U.S. Inherited wealth and assets acquired BEFORE the marriage should not be affected even in a community property state (the laws do vary from state to state).

The OP needs an airtight prenuptial agreement in order to protect anything owned before the marriage, and past or future inherited wealth.

 

[mini]

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.

It may not matter for this OP & her new husband if they were to get divorced in US or Argentina, but it could be relevant for some of our other members who maybe from another country. The article is quite interesting.

 

[tangobob]

Best advice: stay married. I have never spent a penny on divorce lawyers, paid no alimony and never had to negotiate visiting rights.
I very nearly ended up commiting murder a few time though

 

[mini]

True, true. It is very hard to hide assets in the U.S. Inherited wealth and assets acquired BEFORE the marriage should not be affected even in a community property state (the laws do vary from state to state).

The OP needs an airtight prenuptial agreement in order to protect anything owned before the marriage, and past or future inherited wealth.

Ok, I'm confused. (easy I know! ) ) I thought it was just said that anything owned before the marriage, inheritances, etc was protected from the new spouse? Is this not true?

 

[nikad]

Ok, I'm confused. (easy I know! ) ) I thought it was just said that anything owned before the marriage, inheritances, etc was protected from the new spouse? Is this not true?

It is true Mini, I believe what RC meant is that it also applies to properties that you inherit while married ( In Argentina if you inherit your parents for example, those properties are solely yours and your spouse is not entitled to any of that if you get divorced, he is entitled to a % if you die though ) I don´t know if it works the same way in the US.

 

[Lacoloringa]

Thanks for all of the info. I think I am going to check into us getting married in Mexico. I know a couple that had a prenuptial there where they wed and when they later divorced in the U.S., the court upheld the prenup terms. In a perfect world, we will get married, live happily ever after and never have to deal with this stuff. But, better to be safe (safer?) than sorry.