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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
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Experience:  Licensed experienced Attorney
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I live in Washington State and intend to have a prenup drawn

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I live in Washington State and intend to have a prenup drawn up here by a Washington Attorney. My fiance is in China. Is it better for her to sign in China (with a Chinese speaking attorney) or wait until she gets here. I have read that it is better to have her sign there so it doesn't appear she was under duress after getting here.

Can I contact and pay for her attorney or is that a conflict of interest?

Also if after marriage I sell my separate property (like house if we move) are the proceeds still mine? and should that be specifically written into the agreement.
Submitted: 11 months ago.
Category: Family Law
Expert:  Alex J. Esq. replied 11 months ago.
Hello. My name is XXXXX XXXXX X will be happy to answer your question.

It is generally better for the Fiancee to sign such prenuptial agreement in China but with a Chinese speaking attorney who is licensed in Washington State and also with a translator, since the fiancee can claim ineffective assistance of counsel, if she signs such prenuptial agreement on the advise of a Chinese licenses attorney, as such attorney would not be trained or knowledgeable in the US law.

It should be your fiancee who should make the contact to the local Chines-American attorney and while you can give your fiancee money to pay for this attorney, if your pay the legal fees, that could be viewed as undue influence and conflict of interest.

It would make sense to make your prenuptial agreement as specific as possible to make sure that your intent is properly reflected in the agreement and your pre-marital and any separate property is well protected.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12285
Experience: Licensed experienced Attorney
Alex J. Esq. and 3 other Family Law Specialists are ready to help you
Customer: replied 11 months ago.

Thank you excellent and very clear answers.


 


PS, do you think there are attorneys in Beijing that are licensed for WA. Maybe they do business with WA and have them?

Expert:  Alex J. Esq. replied 11 months ago.
Dear XXXXX,

There are definitely some American-Chinese attorneys who have are dual licensed in the US and China or just in US and do business in China and you can contact The Asian Bar Association at the link below for more information as to how to local such attorney:

http://www.abaw.org/

I wish you the best of luck!

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