Announcement

Collapse
No announcement yet.

PreNup. agreement

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • PreNup. agreement

    Are prenup agreements between a usc and a non usc enforceble? reason being.. the USC can always claim that the marrige was for the purpose of obtaining the gc thus making the marrige fraudlent, which inturn would void any prenup agreement.. " love can turn ugly when it come's to divorce.." any recomendations..

  • #2
    Are prenup agreements between a usc and a non usc enforceble? reason being.. the USC can always claim that the marrige was for the purpose of obtaining the gc thus making the marrige fraudlent, which inturn would void any prenup agreement.. " love can turn ugly when it come's to divorce.." any recomendations..

    Comment


    • #3
      maybe an answer to my own question..
      if the marrige is considred fraud, which in turn voids anyprenup agreement, should not be a monetry problem because the usc would not be entitled to any assets, because the marrige was voided by their claim.. am i right?

      Comment


      • #4
        If the marriage is declared void by reason of fraud by the INS, IT does not mean that the marriage is void. It is only the court of justice that can make that determination, consequently, the pre-nutial agreement is still valid. In other word, the marriage is voidable until declared void by by the court. If that will be the case, the pre-nup is also of no effect.

        Comment


        • #5
          Correction, the INS can only make a determination a marriage to be fraudulent, it can not make any declaration to its nullity, only the court can.

          Comment


          • #6
            The person you are proposing a preenup too will have to have a consultation in private with a lawyer who speaks her/his language so as to explain said prenup to her/him or the prenup is not worth the paper it's written on.

            Comment


            • #7
              Yes, I have read a decision to that effect which I find it untenable.

              Pre-nuptial agreement(contract) is a property arrangment between future spouses that property or properties brought to the marriage by the parites shall respectively be thiers solely and not subject to inheritance by the surviving spouse. This contract has the force and effect of law between the parties.

              The court says the poor spouse should have been represented by an attorney when the agreement was signed.

              There is a saying that innocense of the law excuses no one. The reason, there are means to that can be resorted to understand the law.

              The poor spouse by signing the agreement can affect his or her future life and therefore, he or she has the duty and obligation to seek the means to understand the agreement because he or she is the interested party.

              As to the question posted above, it is common sense that if the marriage is viod, of course the agreement is also vaid. The agreement was made in contemplation of marriage and if there is no marriage, there is no agreement.

              Too much bla ha.

              Comment

              Sorry, you are not authorized to view this page

              Home Page

              Immigration Daily

              Archives

              Processing times

              Immigration forms

              Discussion board

              Resources

              Blogs

              Twitter feed

              Immigrant Nation

              Attorney2Attorney

              CLE Workshops

              Immigration books

              Advertise on ILW

              EB-5

              移民日报

              About ILW.COM

              Connect to us

              Questions/Comments

              SUBSCRIBE

              Immigration Daily



              Working...
              X