Prenuptial agreement valid?

[nikad]

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.

I am married for the second time, and yes, better be safe than sorry

 

[domdom]

Hi everybody,
I reopen this old post... Would anybody be able to answer me ??? It is for a french couple..Before wedding with a separation prenuptial agreement the husband bought a house in Argentina, so in his own name.. Now the couple wants to sell this house.. If the husband buys a house here in Argentina in his own name which would be in France his own house, is it the case here ?? I guess, no and think even if in his own name in case of divorce, the price of the house would be split in 2 ??
Thanks in advance
Have a nice week

 

[Bajo_cero2]

Assets you own prior to marriage are not shared. But there is an evidence issue. Thatçs why the best is to clarify this before a notary.
While you are married, the income that those personal assets produce are shared. For example, you own an appartment and you rent it. Here is 50/50 no matter what. The rule that you have to evidence how much did you contributed to create the wealth (Wendt vsus Wendt for example, SC CT) doesn t work here at all. If you mentioned it you are going to be seen as a barbarian.
However, if you have a divorce based on adultery, domestic violence, intent of marital murder, etc, then those percentajes might change a lot.
Assets that you receive by inheritance are not shared neither.
Technically, the "fruits" produce during marriage are shared.
Regarding alimony for the wife, it doesn't exist here. Alimony, called alimentos (food) is for children until they are 21 or 18, I don[t do family law, lucky me. However, if they study at University, they can be extended until 25. Alimentos are as standar the 30% of the income of the father.
Regards

 

[Bajo_cero2]

Hi everybody,
I reopen this old post... Would anybody be able to answer me ??? It is for a french couple..Before wedding with a separation prenuptial agreement the husband bought a house in Argentina, so in his own name.. Now the couple wants to sell this house.. If the husband buys a house here in Argentina in his own name which would be in France his own house, is it the case here ?? I guess, no and think even if in his own name in case of divorce, the price of the house would be split in 2 ??
Thanks in advance
Have a nice week

It makes no difference in the name of who you buy the house. If you buy it while you are married, it belong to boths. And you need your spounse signature to sell it. However, if the marriage is not validated you are single.

 

[jago25_98]

Perhaps my darn $2000 flights to and from BA to see the girlfriend aren't so expensive after all

 

[Fiscal]

How do they calculate alimony and child support here?

 

[Rich One]

Someone Please explain An Expert please .. that the Share 50/50 of assets, gained during a Relationship, also applies to couples living together for more than 5 years .. Concubinato. For Hetero and Homo ?

 

[Bajo_cero2]

Prenups are legal in Argentina. The law changed some years ago. Consult a family lawyer. I can provide you some recommendations by PM.

 

[Bajo_cero2]

How do they calculate alimony and child support here?

There is no alimony. Each parent has to pay 50% of the expenditures of the child but the one who earns more money should pay more.

 

[Rich One]

Someone Please explain. An Expert please .. the Share of assets, gained during a Relationship, also applies to couples living together for more than 2 years .. Concubinato. For Hetero and Homo ?

Further research on the Subject... For Argentine Law the Concubinato/Union Convivencial (couple living together) starts to generate legal effects if sustained for at least 2 years...

Derechos y obligaciones del concubinato – Tiempo Judicial

www.tiempojudicial.com