Legal Question in Family Law in Virginia

Do i need a prenuptual

I am thinking of marrying a foreign woman. SHe has no assets. I have a condo I have had for 15 years, value 350k, owe 75k. I make about 100k per year, and have stocks etc of about 150k, plus some retirement funds, 75K, and am on my parents will and if they die I would get about 500k.

I am wondering if I should sell the condo, or if she lives with me will she get $$ if I sell in a few years, or should I refinance??

Does she need her own russian speaking lawyer to represent her??

What would she get if we divorce in 2 years time for example in alimony??

thanks in advance


Asked on 9/13/05, 2:39 pm

3 Answers from Attorneys

Brian Miller Brian M. Miller, Attorney at Law

Re: Do i need a prenuptual

The best way to protect your assets is to sign a prenuptial agreement. If she is moving here to be with you, then she could retain her own lawyer after she gets here as American law would apply. If you divorce in two years, the odds are that she would get minimal if any alimony.

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Answered on 9/13/05, 3:01 pm
Paul B. Ward Law Offices of Paul B. Ward

Re: Do i need a prenuptual

In the event of a divorce, the Virginia scheme is to equitably divide "marital property." Marital property is just about everything except what you bring into the marriage, what you receive by gift or inheritance during the marriage from someone other than your spouse, and the proceeds of sale of those items, if the proceeds are kept separate.

Still, it's a very good idea to have a prenuptial agreement: it spells out what is yours and, perhaps more important, it gets you and your fiancee talking about those subjects at a time each of you is thinking positively about the other.

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Answered on 9/13/05, 5:02 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Do i need a prenuptual

Russian interpretation might be a desire if you wish her to sign a prenuptual agreement where she would agree not to seek alimony, but I don't think a prenup is necessary

Any property you own prior to the marriage is separate property and as long amnd as it is never titled in her name it will remain so. There is law to suggest that if she makes SUBSTANTIAL IMPROVEMENTS to your separate property thereby increasing it's value, then she would be entitled to her equitable share of the value of the improvement only. This is however extrememly rare. Whatever is already yours, or willed to you during the marriage is separate and will remain so as long as you keep it separate, don't gift it to her and don't comingle the asset with any marital asset so that it loses it's separate character.

Spousal support is based upon her need for it, your ability to pay it and the length of the marriage. Rule of thumb is she has the right to ask for it for half the length of the marriage. If you are married two years she only has the right to ask for it for up to a year after divorce.

Good luck.

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Answered on 9/15/05, 7:10 am


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