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Why Should You Get a Prenuptial Agreement with a Foreign National?

DiPietro Law Group, PLLC

Wedding planning is tough enough for couples from the same origin country. When you’re marrying a foreign national without U.S. citizenship, the marriage process may become even more complex. Whether your beloved fiancé has yet to fully immigrate to the United States or has already begun that process, you may want to consider signing a prenuptial agreement to help determine how your assets will be divided if the marriage ends.

In this post, our Maryland prenuptial agreement attorneys at DiPietro Law Group, PLLC discuss some of the reasons you may want to consider a prenuptial agreement if you are engaged to a foreign national.

Key Benefits of Signing a Prenuptial Contract

If your marriage ends, you could hold significant financial liability — especially if your spouse is not a United States citizen. A prenuptial agreement helps you protect assets accrued prior to marriage. It's particularly valuable if this is your second marriage, or if you have children from a previous relationship.

As the higher-earning spouse, a prenup also offers peace of mind: you can rest assured, knowing that your spouse is entering into your marriage out of love, and not for financial reasons.

Understand What Your Prenuptial Contract Can and Cannot Accomplish

If your new spouse does not intend to work in the United States, you may need to sign an Affidavit of Support. This contract requires you to maintain a standard of living for your new spouse exceeding 125 percent of the poverty level. You are not released from this obligation until your spouse becomes a United States citizen, permanently departs the country, or is credited with forty quarters of coverage via the Social Security Act. Your prenuptial contract does not automatically absolve you of this support. In a notable 2014 case, the United States District Court for the District of Maryland indicated that prenuptial contracts could not waive Affidavits of Support.

Prenuptial contracts can occasionally backfire in green card cases. Immigration officials look for signs that a marriage occurred for financial or citizenship reasons, and not for love. Officers often seek evidence of commingled assets, which may not be available among couples with prenuptial agreements.

Enter your marriage fully prepared; seek counsel from DiPietro Law Group, PLLC at (888) 530-4374 today. Our experienced team of Maryland legal separation lawyers can help you craft a personalized prenuptial contract.

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