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

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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 13 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.


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