A prenuptial agreement, is in essence a contract entered into by two people prior to marriage or civil union. The content of a prenuptial agreement can vary widely, but commonly includes provisions for the division of property should the couple divorce and any rights to spousal support during or after the dissolution of marriage.

In the United States, prenuptial agreements are recognized in all fifty states.  Although ever state law is different there below are the general requirements:

1. Agreement must be in writing (oral prenups are always prohibited)
2. Must be executed voluntarily
3. Full disclosure and/or fair at the time of execution
4. The agreement can't be unconscionable
5. It must be executed by both parties (not their attorneys)  in the manner required for a deed to be recorded , known as an acknowledgement, before a notary public

There however are potential problems when a foreign bride marries a United States Citizen unique to the immigration process.  Some potential problems are:

1. The Federal Government requires an affidavit of support from the sponsor of the immigrate.  The document can not be in conflict with the I-864 affidavit of support.
2. Translation must be exact and not loosely translated.  Otherwise the document may fail because of lack of mutuality (both sides understand what they are signing)
3. Even if the translation is exact the terms may not be understood and without the proper explanation in the fiancée's native language the document may not be upheld.
4. Conflict of laws.  If two citizens from different countries execute a prenuptial agreement it s recommended that both laws from each country are not in conflict so that no clause of the agreement can be held invalid.

Only an attorney knowledgeable in the fiancée's laws and laws of your state will be able to prevent this conflict.

Immigration Law is constantly changing and very complex. We recommend the devoted staff at John Scott & Associates to obtain a visa for your fiancée or spouse.

John Scott & Associates has offices in Moscow, Minsk, Kiev, Warsaw, and Belarus, and has a Russian speaking attorney on staff.  Our United States office is located in Rocky Mount, Virginia.

Scott & Associates
540-814-1883 USA
540-489-8940 USA
www.k1-fiancee-attorney.com