My father is a wealthy man and I already have a chunk of money sits in my foreign bank account. I am in the process of opening couple businesses internationally. I also will inherit a big amount of cash and properties(lands etc.)
I do live in the USA, and my girlfriend for three years also lives with me here in Connecticut. She is out of status right now, so to make her legal here in the USA(basically to travel overseas together).. I need to marry her. I was married before for 4 years and I know how nightmare marriages
can be.. So I really should give big credit to my girlfriend that the quality of her partnership is well above the average.
Having that said, that does not mean I should fork out my fathers hard earned money to her.
Getting close to my question..
I have two choices
First option: I can take her outside the USA(my own country) and marry her there..
There I am able to make a marriage agreement(prenup) that says at the time of a divorce
both parties goes with what they have today.(without disclosing anything)
Both parties releases the rights to sue, or to ask for something.
But in this case for her to come back to the USA might be problematic. I do have a house here in the USA maybe she will want to come with me on some of my visits..
Second option: I can marry her here in the USA, and here she will get her greencard easier and traveling back to the USA with me will not be problem anymore.
But I heard that in the USA, there is such thing as consideration in agreements.. Meaning; I cannot make an agreement with her saying whatever is mine is mine after the marriage
And whatever is yours is yours. Because she does not have anything, the american law states you are keeping your money (material) but what she is gaining is marrying you.. This is not a (material) gain. Therefore this agreement is not valid.
So my lawyer made a prenup that is something like this.. First of all I disclose everything I have today(domestic, foreign, property, money.. everything) and give her an agreement that says for every year we will be married I will give her for the first five years for example 10.000$ a year.. that means if we divorce in the 4th year of our marriage I will owe her 40.000$.. after 5th year she entitles for the 20% of my house but she has to sell it back to me with a market value etc……
and then she hires a lawyer with her own money(she does not have any money I have to give her so she can hire a lawyer)and goes to this lawyer for about 2 months to sit everything and give a little time.. etc.. etc.. etc..
If I should add my personal opinion in this. I don't see any marriage that can survive after such a promise. This agreement will make a person consider divorce so easy!
Anyhow, 40.000$ might look like it is not a big deal but she is also from another country and
Where she is from people usually making 250$ a month. So 40.000$ for her is the biggest money she can dream all her life if she lived in her country.
But I have spoken to another lawyer and he tells me that this agreement will most likely to be valid only IF I have the same assets as of today at the time of the divorce.. Meaning; If I have a million dollar disclosed today, and 10 years later at the time of the divorce I worth 10 million dollars, than this agreement will not be valid he says. He says she can hire lawyers and it will be even more costly to fight for this prenup then paying her more and get it overwith.
In this case I first of all want to know if what I ‘ve been writing has mistakes or is it all true?
Second of all is there a way that I can make her walk away with nothing in case of a divorce. meaning; only giving her from my heart what I think she deserves at the time of the divorce. (if someone lives with me with harmony makes me happy, keeps home clean, cooks etc.. of course she deserves something) I am not a bad person, it is just I didn't make this money. It is all coming to me from my father and my father has earned this money very hard. If I didn't have this money and married a girl and we both were working and making money then of course I understand everything is shared. But this is a different case.
If I could add a third of all, I also would like to know;
I know state of connecticut accepts foreign or out of state prenups (is this true?)
If I decide to go back home and marry her in my own country with the laws that will enable me to make a prenup with no consideration(everybody walks away with what they have today. Releasing rights to sue or ask for things).
In this case can she one day open a divorce case in the USA?
If yes, what exactly she needs to open a divorce case in the USA?
How long time is needed to establish a residency here for her so she can open a divorce case?
Or can she do this court internationally?
Will this overseas made prenup with no consideration be valid in the USA?
Remember there is no her own lawyer there.. There is no 2 months time given to her to think about this agreement.. she will basically sign a paper that states she accepts these terms, and there courts assume that this person is adult therefore she has a brain and she has hands to sign and accept things.. so this agreement is valid there..
This is all I can think of right now.. Thank you for your answers!