What to do if my husband and I wish to sign a post-nuptial agreement and I am an US citizen, he is a Chinese citizen and we currently live abroad?

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What to do if my husband and I wish to sign a post-nuptial agreement and I am an US citizen, he is a Chinese citizen and we currently live abroad?

We were married in the US more than 5 years ago. Basically the post-nuptial agreement would say we will split our houses 50/50 in the event of a divorce and I can keep all the money in bank accounts under my name only. If we go and sign this document at the US consulate, will this document be valid in all 50 states in the US? Also, my husband paid for one of the houses, the other house was a gift from my Mom to both of us, I am a housewife. Is it necessary to put down that even though I am a housewife, we have agreed that we will split the houses 50/50?

Asked on June 3, 2012 under Family Law, New Jersey

Answers:

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

Answered 9 years ago | Contributor

A pre or post nuptial agreement is a contract entered in to between two parties.  As long as both aprties enter in to the contract freely - with no undue duress and knowing their rights - then they can be held bound to the terms that they agree to.  So here is what you need to make sure of.  You need to make sure that you each seek separate legal help here and have some one explain to you your rights under the law to the division of the marital assets.  You need to make sure that there is a clause in the contract that states that you have both sought separate counsel on this matter and have been advised of your rights and liabilities and agree to this division as written.  Good luck.


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