How can I marry a woman overseas and at the same time draw a pre-nuptual agreement with her?

I’m a US citizen and I’m planning on going abroad to get married. However, I would like to to draw a pre-nuptial agreement with the woman I plan to marry. How can I do that?

Asked on October 11, 2011 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to seek help from an attorney in your area on doing this and then send a copy to her to review with an attorney as well. Will you be residents of the United States after you are married?  Will you be residing in Texas?  Texas is a Community Property state and assets of the marriage are split 50/50.  She needs to be aware of that and it needs to be placed in the agreement in plain language and in a conspicuous place.  If you wish here to establish what is separate property prior to marriage and have her relinquish her rights to that property, that also needs to be in plain language and the laws should be incorporated in the agreement.  The laws in the country in which you are marrying may be different and that needs to be addressed as well.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.