They were married in a foreign country and had their pre-nuptial, Dowry and divorce agreement made in said country. One is an American Citizen, the other was naturalized after the marriage. One is seeking to divorce the other and wants to retain the original Pre-Nup. Is the original agreement still valid?
Many other facts are needed to give an opinion about the pre-nup. Consult a family law attorney in your area and bring the pre-nup with you.
If the prenup violates American public policy --and many do-- it won't be upheld.
All of Ms. Straus’ responses are intended as useful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. They may not be what you wished to hear, they do not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. She also regrets that blunt responses may be taken as "rude" by those who wished a different opinion. Good luck.
Your lawyer will have to take a look at the pre marital agreement. Parts of it may be excluded but
just because it was signed and created in another country does not make it void.. Good luck.
The issue isn't in what country was the pre nup drafted but does the pre nup meet CA requirements for validity. I would need to review it to give an opinion as to whether or not I believe it is valid. The parties MUST retain counsel on this issue.
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