Question: Getting married with someone who has debts

[vwgolf4140016v]

What is the name of your state (only U.S. law)?
Nevada

Hello,
I'm a Dutch citizen and I met a woman online and I'm going to see her, i'll be visiting the US for 2 weeks.

She lives in Nevada, and its really easy to get married over there. We would like to get married, but I know she has debts. Her debts are up to 80.000$.

Now I finally found out the english term for it, pre-marital agreement. I've got some questions about this, in relationship to the debts.

-Because of her debts, I want to go to a lawyer to get a legal pre-marital agreement. Is it possible to state in the pre-marital agreement that the debts she has that she made BEFORE the marriage, are her responsibility and not mine?

-Is it possible to state in the pre marital agreement that debts made by her during marriage are her responsibility and not mine? Is this also a good opportunity to write in this document that both of us have to do separate tax returns?

-I also read on what grounds a pre marital agreement can be attacked on when things go wrong during marriage. Is it possible to state in the pre marital agreement that if she signed it, she is not ill, mentally ill, that it wasn't signed under pressure, that she was fully aware what she signed and that she understood everything etc. ?

-She has a child of 8 years old. I'm not the father of the child. Can she ask me for money or child support when I get married to her and most important, is it possible that she can get money from me through a lawyer, the courthouse, or whatever while I live in the Netherlands?

Now, if I get married (I'm not sure yet, depends what the answers will be), is it possible for me to go back home after 2 weeks when I"m married WITH a pre-marital agreement (offcourse!) and not being stopped at the border saying I got married and now I'm in debt too?

Lots of questions, hopefully someone is able to answer!

 

[LdiJ]

What is the name of your state (only U.S. law)?
Nevada

Hello,
I'm a Dutch citizen and I met a woman online and I'm going to see her, i'll be visiting the US for 2 weeks.

She lives in Nevada, and its really easy to get married over there. We would like to get married, but I know she has debts. Her debts are up to 80.000$.

Now I finally found out the english term for it, pre-marital agreement. I've got some questions about this, in relationship to the debts.

-Because of her debts, I want to go to a lawyer to get a legal pre-marital agreement. Is it possible to state in the pre-marital agreement that the debts she has that she made BEFORE the marriage, are her responsibility and not mine?

Her premarital debts would not be your responsibility, even if you do not have a premarital agreement. (Actually the legal term is pre-nuptual agreement)

-Is it possible to state in the pre marital agreement that debts made by her during marriage are her responsibility and not mine? Is this also a good opportunity to write in this document that both of us have to do separate tax returns?

That is a little less likely, although it can be done. Filing separate tax returns is generally not in any married couple's best interest. There are of course some exceptions to that, but without knowing what your relative incomes would be at the time that you filed, its difficult to give much advice.

-I also read on what grounds a pre marital agreement can be attacked on when things go wrong during marriage. Is it possible to state in the pre marital agreement that if she signed it, she is not ill, mentally ill, that it wasn't signed under pressure, that she was fully aware what she signed and that she understood everything etc. ?

Yes a pre-nuptual agreement can be attacked. The more well written the agreement (by at attorney) the less likely it will be subject to attack. Particularly if she has her own separate attorney review the agreement and give her advice.

-She has a child of 8 years old. I'm not the father of the child. Can she ask me for money or child support when I get married to her and most important, is it possible that she can get money from me through a lawyer, the courthouse, or whatever while I live in the Netherlands?

You will never be legally responsible to support her child, no matter where you live.

Now, if I get married (I'm not sure yet, depends what the answers will be), is it possible for me to go back home after 2 weeks when I"m married WITH a pre-marital agreement (offcourse!) and not being stopped at the border saying I got married and now I'm in debt too?

Lots of questions, hopefully someone is able to answer!

No, you would not be stopped at the border because you got married...and certainly not because your wife has debts either. Again, you would not be responsible for her premarital debts.

 

[vwgolf4140016v]

Thank you for answering my question!
I really wanted to know if i could be held responsible for her premarital debts or that she could ask for money in some kind of way when I get married to her.
I thought it all was kind a suspicious, but now I the answers, I guess there is nothing much to worry about.

 

[xylene]

You will never be legally responsible to support her child, no matter where you live.

minor clarifying: Under US law, you cannot currently, and will in all predicatble likelyhood never be made to, under the best of our forecast of trends in US law be made to pay support for children you did not conceive or adopt.

We cannot (and do not) answer with the same clarity for Dutch and or EU law - although it seems remote.

No, you would not be stopped at the border because you got married...and certainly not because your wife has debts either. Again, you would not be responsible for her premarital debts.

You could be stopped at the boarder and questioned about you status.

Always be honest.

The only way you could be held responsible for her PRE-MARTIAL debts is being agreeing to be responsible. A marriage would not do this.

Depending on where you live and the terms however, you COULD be held liable for half of any MARITAL debts incurred

Your bride to be has serious debt problems. Where did this debt come from? Does she have a high income - ie is it reasonable that she will pay it off? If not, then why has she not filed bankruptcy?

These are finance questions you need to talk about with your fiance before marriage. If bankruptcy is the path she needs to take... perhaps it would be wise to delay marriage until it is settled.