What is a Mail Order Bride Pre-nuptial agreement?

Kiev Horse SoldierA Mail Order Bride Pre-nuptial agreement is a private agreement between two persons contemplating marriage. The couple generally settles, in advance, financial matters in the event of death or divorce. The contract overrides and preempts state, family and probate laws that otherwise would apply.

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For a pre-nuptial agreement to be enforceable there are three requirements. First, fulll and fair disclosure, Second, separate and independent counsel and Third, ample lead-time before the wedding.

What states are they valid in?

Mail Order Bride Pre-nuptial Agreements are valid in all 50 states and the District of Columbia. It doesn’t matter whether the state is a community property state or an equitable distribution state. Since 1983, at least 26 states have enacted a variation of the Uniform Premarital Agreement Act or UPAA, which encourages the enforcement of Mail Order Bride Pre-nuptial agreements. The exact UPAA standards differ from state to state so be sure to check out your state Bar Associations’ website for details.

Those states who have enacted the UPAA are: Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Minnesota, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, South Dakota, Texas, Utah, and Virginia.

What should be included in a Mail Order Bride Pre-nuptial?

In order to best safeguard your union, there are certain key issues you should include in your Mail Order Bride Pre-nuptial. Be sure to review the following with your soon-to-be spouse:

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1. List all assets, liabilities, income, and expectations of gifts and inheritances.
2. Describe how premarital debts will be paid.
3. Resolve what happens to your premarital property in reference to appreciation, gains, income, rentals, dividends and proceeds of such property- in the event of death or divorce.
4. Decide who, or if both of you, will own the marital residence and secondary homes in the event of death or divorce.
5. Specify the status of gifts, inheritances, and trusts either spouse receives or benefits from, whether before or after marriage.
6. Clarify what will happen to each type of property, whether jointly or individually owned, such as real estate, artwork and jewelry.
7. Figure out alimony, maintenance, or spousal support, or provide for a waiver or property settlement instead of support (to the extent allowable by law).
8. Detail death benefits, stating what you will provide for in your will and where there are children of prior marriages what these children will be entitled to in an inheritance.
9. Decide on medical, disability, life or long-term-care insurance coverage.

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State Laws
Many states have specific statutes that effect the writing of a prenuptial agreement. For illustrative purposes the following is the Texas State Statute that deals with prenuptial agreements;
FAM. 4.003
Statutes and Session Law
FAMILY CODE – TITLE 1. THE MARRIAGE RELATIONSHIP
CHAPTER 4. PREMARITAL AND MARITAL PROPERTY AGREEMENTS
FAM. 4.003 CONTENT.
——————————————————————————– ยง 4.003. CONTENT.
SUBCHAPTER A. UNIFORM PREMARITAL AGREEMENT ACT
(a) The parties to a premarital agreement may contract with respect to:
(1) the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
(2) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber,
dispose of, or otherwise manage and control property;
(3) the disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
(4) the modification or elimination of spousal support;
(5) the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
(6) the ownership rights in and disposition of the death benefit from a life insurance policy;
(7) the choice of law governing the construction of the agreement; and
(8) any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
(b) The right of a child to support may not be adversely affected by a premarital agreement.

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Mail Order Brides have been around for thousands of years. Many successful Mail Order Brides have flourished in western society. These Mail Order Brides bring with them the work ethic from the old country and a beauty that has not been marred by fast food and the fast life that so many American women perpetuate. Mail Order Brides from former Soviet Union Countries such as the Ukraine are in societies where marriage and family is important. These Mail Order Brides have been unable to secure a happy marriage in their own countries due to poor economic conditions and a situation where there are 1.5 million more Mail Order Brides than their are marry age men. Similarly, mail order brides from the Ukraine are college educated, beautiful (it is fabled that the Russian Czar moved the most beautiful women in all of Russia to what is now the Ukraine so that ship building men would follow so as to build up the Russian navy) and put their personal interest subservient to the families.

If you are needing a top notch pre-nuptial agreement contact Jeff Shore. He is probably the best family lawyer in the country. To reach him CLICK HERE


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