US / Colombia PreNup

lawyer in colombia says on Feb 5, 2007, 17:40:

MARRIAGE IN COLOMBIA Due to you are going to get married here in Colombia, you need to do prenuptials agreement before any kidn of celebration. There are tow kinds: those that eliminitae the marrital society or those that allow some kidn of assets to be considered as part of the marriage-

The notary`s fee depends on the type and amount of the assets.

If you want further advice, contact me to

lawyerscolombia at yahoo.com

Esteban
Colombian lawyer

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Azul says on Feb 5, 2007, 17:47:

I won't pretend to be able to give valid legal advice, but since your LLC is in the US, I would consult a US attorney. I am sure that you would be able to find an abundance of Colombian lawyers to help you, but the prenup would be to protect assets in the US and I am not sure what the legalities are of using legal services outside the US.

las cosas caen por su propio peso

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miamimike says on Feb 5, 2007, 21:10:

In the US make sure you have one Copy in Offically Translated Spanish with your wife's signature on it. If one copy isn't in Spanish, it may not hold up in court.This is per Florida,,,Happened to a Buddy here a few years ago!

Avatar Legend: Bush "If any of you Reporters are wondering, it was a Size 10"

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kat1 (Moderator) (Trustee board) says on Feb 6, 2007, 03:05:

I am pretty sure that a pre-nup here in the UK is not valid.

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famsearch says on Feb 6, 2007, 10:43:

we didn't have any kind of prenup... unless, like you said, that you are partners in a business, i don't see where any would be necessary. as i understand the law in colombia, from colombian relatives who divorced, you keep what you brought to the marriage, and split down the middle what was gotten during the marriage.
dan

dan

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Azul says on Feb 6, 2007, 10:49:

but since the assets are in the US we are not talking about Colombian law. If the marriage is going to be recognized in the US it will also be subject to US law.

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lawyer CO says on Feb 6, 2007, 12:47:

assets If the couple is going to get married in Colombia, the marrital society is created in Colombia and what you brought into it, is not necesary considered as yours because you will create a community of assets It does not matter if the properites are in US, just for getting married here in Colombia, they are part in 50% of the wife.

Esteban
colombian lawyer

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Crazy4Cali says on Feb 6, 2007, 13:02:

In the U.S., this varies by state I'm no lawyer, but I'm pretty sure that the community property laws (i.e. those that decide what's your's, mine, and ours) vary from state to state. As I understand these, a pre-nup can't sign away anything to which you (or your spouse) would otherwise be legally entitled to so they are, at the very least, an identification of the seperate property (and liabilities) that each person is bringing into the marriage. So that if you should get divorced, all you have to argue about is the community property and alimony/"spousal support."

You can read whatever you want into the implication of having a pre-nup. You can view it as a suspicion (or proof!) that one or the other has no faith in the relationship and they are simply planning for the inevitable divorce or take a more mature view and treat as two people who care about each other simply being honest and open with each other. It's that attitude that will determine the success or failure of the relationship, not the presence or absence of a pre-nup.

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utopiacowboy says on Feb 6, 2007, 21:47:

So if my wife owned an apartment in Medellin before I married her, does having gotten married in Colombia make it 50% mine? Not that I care. Her sister's family will probably continue to live there for many years.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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miamimike says on Feb 6, 2007, 22:19:

It could also Protect the Children from a Prior Marriage if someone has considerable assets before he she was married to someone outside of the US it may be that person is making sure that those assets accumulated before the marriage go directly to his children in the event of a premature unplanned death. It has nothing to do with suspicion, only someone wanting to protect his/her heirs. I have seen a few nasty cases here in Miami when this did happen with patients of mine and man alive, were there Fireworks on who gets what. Most of the time it involved the children who had the most to gain who may have come into the deceased's life only a few years earlier. The Husband in 2 cases was much older(al least 10 years) then the spouse(who had younger children). In both cases, any legal challenges to to the deceased's intentions were sucessfully repelled because the Husband had Iron Clad Wills, agreements prior to his death so the Step Kids received nothing outside of what he willed them. You never know people until someone passes away then the true colors show,,,

Avatar Legend: Bush "If any of you Reporters are wondering, it was a Size 10"

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aztec says on Feb 7, 2007, 06:07:

I have limited experience... ...with the law on inheritance in Colombia. But, what knowledge I do have came after meeting with Colombian Lawyer regarding purchasing property in Bogotá.

Marriage and prior marriages with children can have a significant impact on the distribution of a deceased assets in Colombia. This is an area of Colombian Law one needs to research before marriage. It is different from U.S. and/or State laws.

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ACBlessing says on Feb 7, 2007, 12:58:

Affidavit of support How does a prenup, either in Col or USA affect the affidavit of support you have to sign for the visa?

Alex Blessing, Spokane, WA USA
alex at acblessing.com
http://www.colombia.acblessing.com

Just plain poor

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Azul says on Feb 7, 2007, 20:19:

Alex Where are you from, I've seen Florida and Spokane...which is it?

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ACBlessing says on Feb 7, 2007, 21:23:

You're right I changed it today to Florida because I left WA a while back and forgot to change my profile here. Actually, I left Florida last year for Colombia and haven't left yet. I guess I'll wait for the DAS to kick me out before I'll claim FL... good eyes though

A l e x B l e s s i n g, Florida, USA, via Bogota
alex (at) acblessing (dot) com
http://www.colombia.acblessing.com
Comcel # avail via email

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Azul says on Feb 7, 2007, 21:38:

Thanks...I was wondering. I'm from Seattle.

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ACBlessing says on Feb 7, 2007, 21:41:

Saw that.... I went from Bellevue, to Spokane and back to FL. Still loved Seattle but after grad school in Renton, work in downtown Seattle then the drive to Bellevue, I just got pretty much burned out. Liked Spokane but too far from COL. ;-)

A l e x B l e s s i n g, Florida, USA, via Bogota
alex (at) acblessing (dot) com
http://www.colombia.acblessing.com
Comcel # avail via email

Just plain poor

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Azul says on Feb 7, 2007, 21:59:

that drive to Bellevue is rough.... what type of work do you do?

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