Prenuptial Agreements Legal Answers
I am engaged to be married and want to know whether a prenuptial agreement can protect me from community property laws. After I marry, my spouse and I will live in Sacramento, and I know California abides by community property law. I have more property than my fiancée and I want to invest in additional rental properties. I want those properties to remain with me if we were to divorce, but what I’ve read about community property says if I buy properties while married, my wife has a 50% interest. Are prenuptials legal in California and can I use one to protect future properties I might buy? Also, I am a native Farsi speaker and want a lawyer who speaks Farsi to represent me if I do need a lawyer.
Before we married, my husband made me sign a prenup saying I wouldn’t ever claim alimony if we divorced. We’ve been married 6 years now and I have a very good job and am earning far more than my husband at this point. He now wants to go back and change the prenup to state that he has the right to alimony if we were to divorce. He says if I won’t agree to this change, he will take our son and move away with him and I won’t see him. I am afraid about this because he has been my son’s primary caretaker due to the amount of hours I work. Can my husband force me to change the prenuptial agreement? Do I have any rights if he were to move with my son and keep him from me?
My fiance and I have dated on and off for over 5 years. We break up because she can’t be faithful. I do love her and we’ve been going to counseling which seems to help. I want to marry her but I don’t want to take the risk of losing half of my property and income if she cheats on me again. I’m told that adultery in Baltimore doesn’t help you ‘win’ the whole case, the other person could still get half. Can I write into a prenup that if she cheats on me she waives her right to half the property and alimony? Is that legal?
Both my husband and I are dual citizens of Iran and U.S. and I think I may want a prenuptial agreement before marrying. My family owns several large parcels of land in Iran and they want to make sure that should something happen between my husband and I, he has no interest in that property and cannot do anything to take it away from the family. If he is willing to sign a prenup relinquishing any rights to that property, will it be enforceable in Iran if he tries to take some interest in the property as marital property? What if he were to file a divorce first in Iran if our marriage doesn’t work out? Would the prenup carry over to that divorce and be valid there?