Prenuptial Agreement Questions

[gryndor]

What is the name of your state? CA

I know that my best bet will be to consult with a local attorney but before I go to someone nearby, I'd like to know what I'm dealing with and my research thus far has been all at the request of cash ("buy these documents!!").

I ask because I am considering marriage to my best friend. We have known each other for many years, he is here on a student visa and as an asylee, we are inseparable and usually handle each other's business when our own abilities fall short of what's needed. Basically the marriage would benefit us both greatly, and it would cement our relationship since neither of us is going anywhere anyway.

The thing of it is though, that we both have our (comparably small) assets and debts (both students). We would like to have a pre-marital agreement that basically says that anything we had before the marriage is not community property, that things acquired within the marriage are the same with the exception of things that we specifically both put our names on, like a house, car or loan. Those things would be 50/50 split in the event of a divorce. Since neither of us have anything really substantial, what sorts of things need to be listed on the prenup? Do things like "parrot," "desk," and "laptop" show up on these lists or is that just rediculous? I think that we will continue to live separately (though maybe not) but we will be keeping our finances separate. Could these things escape the community property laws as well, having both agreed to a stipulation that says as much? If we lived together, we would most likely have a joint account for household expenses, and I would expect this to be split 50/50 as well.

With two reasonable adults, under no stress of deportation or shot-gun wedding or whatever duress, could this be a reasonable contract that we have verified by legal representatives to be equally fair to both parties? Could this be later squeeked out of if by some chance if things were to turn south? I'm hoping for a no... I'm not asking to twist this to my benefit later.

Many thanks to anyone who can shed light on this for me.
Gryn

[Zigner]

It's not just a suggestion that you see an attorney, it's a requirement. For your prenup to hold any weight, you will both need to have your OWN attorney review the document...

[LdiJ]

Originally Posted by Zigner

It's not just a suggestion that you see an attorney, it's a requirement. For your prenup to hold any weight, you will both need to have your OWN attorney review the document...

They also need to be consulting an immigration attorney, because I suspect that the intent is to obtain a green card for his/her friend. If so, what they are proposing to do is fraud and could be easily found out by immigration.

[gryndor]

Originally Posted by LdiJ

They also need to be consulting an immigration attorney, because I suspect that the intent is to obtain a green card for his/her friend. If so, what they are proposing to do is fraud and could be easily found out by immigration.

Well, a green card is a factor that my friend would certainly benefit from, but it's not the reason that we are considering this. He has been in the country for 12 years (legally) and is not under some sort of time limit. He is actually in the process of getting a green card in his own right and is just waiting and waiting. His sister already recieved hers, so it is only a matter of being patient.

But our own separate attorneys are a necessity, huh? Do we draft our own document beforehand and have them correct/modify it as is legal and equitable?

[gryndor]

We would like to have a pre-marital agreement that basically says that anything we had before the marriage is not community property, that things acquired within the marriage are the same with the exception of things that we specifically both put our names on, like a house, car or loan. Those things would be 50/50 split in the event of a divorce. Since neither of us have anything really substantial, what sorts of things need to be listed on the prenup? Do things like "parrot," "desk," and "laptop" show up on these lists or is that just rediculous? I think that we will continue to live separately (though maybe not) but we will be keeping our finances separate. Could these things escape the community property laws as well, having both agreed to a stipulation that says as much? If we lived together, we would most likely have a joint account for household expenses, and I would expect this to be split 50/50 as well.

Also... is the above all reasonable and work-with-able? Or are there major snags that I don't know about?

[VeronicaLodge]

why are you getting married but living separately?

[gryndor]

Originally Posted by VeronicaLodge

why are you getting married but living separately?

Convenience, really, until we can live together. He lives in the dorms right next to his university and I am in a leased apartment with two other people that's located near my community college. I think we're both stuck where we are until we can negotiate with our respective living arrangements, but perhaps can get university housing next semester. We would love to move in together today, but I don't know how that might happen immediately.

[VeronicaLodge]

ah makes sense.

[Golfball]

Originally Posted by gryndor

But our own separate attorneys are a necessity, huh?

Absolutely. An attorney can only ethically represent one party of a contract, so you do need separate representation to satisfy the (implied) requirement of both parties being represented by counsel.

[CJane]

Originally Posted by VeronicaLodge

ah makes sense.

No it doesn't.

The living apart makes sense... but then... why get married NOW unless for some unstated purpose?

[VeronicaLodge]

well i really didnt have anything to say or add but just wanted to acknowledge that she answered my question.

[gryndor]

Originally Posted by CJane

No it doesn't.

The living apart makes sense... but then... why get married NOW unless for some unstated purpose?

Well, we want to be married before his mother comes into the country. It's a cultural thing, or so it's been explained. Plus, it doesn't really matter to me when we get married, and it seems to matter to him. I guess that sounds like a pretty weak answer but the semester is about over as well and we need to apply for family university housing super soon.

[gryndor]

Originally Posted by VeronicaLodge

well i really didnt have anything to say or add but just wanted to acknowledge that she answered my question.

Thanks for that.