Prenuptial Property Agreement With Foreign Spouse
Description
How to fill out Prenuptial Property Agreement?
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FAQ
Nuptial agreements and the Form I-864.It is very common for sponsored immigrants to sign a nuptial agreement. Often this happens before the person completes the immigration process. For example, someone might come to the U.S. on a K-1 visa, then be forced to sign a prenuptial agreement before getting married.
A prenuptial agreement for international couples is generally prudent and appropriate. But international prenuptial agreements are traps for the unwary or unknowing. They are extremely important to clients but must be handled with great care by knowledgeable and experienced international family law counsel.
In the U.S., courts have discretion to recognize foreign prenuptial agreements and will generally do so unless the agreement is found to be unconscionable or one that otherwise frustrates public policy.
Anyone getting married in California can have a prenuptial agreement. There is no requirement that either party be a citizen or even legally in the country.
