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Mail Order Bride and Mail Order Brides Pre-nuptials 301

Are they really necessary?

Eventually you will travel to the Ukraine or Russia to meet your Mail Order Bride. When you do you will realize that the West fixation on age is not shared in the Ukraine or Russia. Most East European women are drawn by character of a man more than his wealth or “good looks.” As to American men they find them charming and kind mannered while Ukraine men (I have been told) are lazy, dominant and have no respect for their women.

However, for every age decade that a man goes down age-wise in his selection of a spouse he increases proportionally the likelihood of divorce. This is true regardless of whether the woman is a Ukrainian or Russian Mail Order Bride. Ten to fifteen years seems to be fine but when dropping to an age difference of 20 or 30 years the statistical odds of divorce increases. This is not to say that a Ukraine wife 20-30 years will not stay indefinitely because indeed the US Immigration and Naturalization study indicates that the rate of divorce between US men and Ukraine women is almost half what the rate of divorce is between partners when both are US citizens.

However, one has to consider whether some type of asset protection plan such as a trust and/or a pre-nuptial agreement isn’t prudent and if so when should such agreements be prepared and presented and what are the legal ramifications of such agreements. My experience indicates the following.

Pre-Nuptial agreements require complete disclosure of all of your finances, up-front, so your future spouse can enter into the Pre-Nuptial agreement with knowledge of what she is or is not giving up. Because of this I recommend that in the initial communication where the Marital Broker Act disclosures are provided (the disclosures required under the Marriage Broker Act of 2005 is discussed in another article on this site) that you state that should a relationship develop involving marriage that you will want her to agree to a pre-nuptial agreement (commonly referred to in the Ukraine as a marital agreement).

My experience is that few Ukraine Mail Order Brides will refuse to write further when you state that you will require a pre-nuptial agreement. My recommendation on how to raise this issue with these ladies is as follows:

“Dear Ivana: I can tell you that statistically foreign brides coming to the USA have a lower percentage of divorce than USA couples. This speaks highly of your country. However, if we marry and you decide you want a younger husband or decide to leave it would not be fair that I should divide by ½ everything that I have worked on for decades. (Keep in mind I already have some degree of wealth). For that reason we will need a written marital agreement as to our rights and responsibilities should you decide to leave. (Hopefully, you never will!) This may be something new for you to understand because I’m not sure you have these issues in your country but unfortunately in our society it is something that has to be arranged even though it is extremely un-romantic and something I find distasteful to do? Hopefully you will understand? Love and Kisses. Bill”.

As to the pre-nuptial itself they are best used for the following;

Designating separate property. Every state has laws designating certain kinds of assets accumulated during marriage as marital property or community property, even if these assets are held in the name of just one spouse. For example women will often set aside money for a “rainy day” into a “secret” bank account with just their name on it. Regardless this is still marital property. Men will often purchase sports cars, guns or company stock during the marriage with just their name on it. Still marital property. Regardless of the name on the title or the account marital property is subject to division at divorce. To avoid such divisions you must have a premarital agreement or you will be trading your sports car for a Chevrolet Vega.

Identifying debts. Some of us bring debts, as well as assets, to a marriage. You can allocate these debts to a particular spouse in a Mail Order Bride Pre-nuptial agreement. Now as a practical matter your Mail Order Bride is not likely to be bringing debt with her but nevertheless protect yourself. Along these lines give yourself a fair share of the debt accumulated in marriage (a capped dollar amount proportionate to the assets you are keeping under the Mail Order Bride Pre-nuptial is recommended) so that there is no question as to the fairness of the Mail Order Bride Pre-nuptial. (The more unfair the Mail Order Bride Pre-nuptial the more likely a court will set it aside).

Don’t let a Mail Order Bride take your kids inheritance. A Mail Order Bride Pre-nuptial is helpful (perhaps essential) if either of you has children from another relationship and you want to make sure that your children inherit their share of your property. In a Mail Order Bride Pre-nuptial, one or both spouses can give up the right to claim a share of the other's property at death, perhaps in exchange for an agreed upon amount of property.

Keep the gold from your birthright. If your property includes something you want to keep in your birth family, whether it be an heirloom or a share in a family business, you and your spouse can agree that it will remain in your family, and you can specify that item in your Mail Order Bride Pre-nuptial. This can even include property that you expect to receive in a future inheritance. Likewise make an Estate Plan. In addition to using your Mail Order Bride Pre-nuptial to waive inheritance rights and state your intentions for passing on your property at death, it's vital that you prepare the estate planning documents -- a will, living trust, and so on -- that actually transfer your property as you intend.

Divide up the who gets what. Without a Mail Order Bride Pre-nuptial, state law will specify how your property will be divided if you ever divorce. These laws may dictate a result that neither of you wants. You can use a Mail Order Bride Pre-nuptial to establish your own rules for property division and avoid potential disagreements in the event of a divorce.

Alimony. In most states, you can make agreements about whether or not one or both of you will be entitled to alimony. (Alimony is typically awarded where one parties income is greater than another such as in the instance where you bring a mail order bride over and then turn her into a house wife with no education, no career and no command of the English language). Some states forbid or restrict agreements about alimony, however. If you are in such a state seek legal counsel on how your state will allow alimony avoidance. Seeking such advice from a board certified matrimonial attorney can assist you in how to limit or avoid Alimony even in those states that forbid a complete ban in the pre-nuptial.

Who does what during the marriage. In addition to the reasons listed so far, there are countless other uses for a Mail Order Bride Pre-nuptial, depending on your circumstances.

Here are some examples of other matters people include in their Mail Order Bride Pre-nuptials:

• whether to file joint or separate income tax returns or to allocate income and tax deductions on separate tax returns
• who will pay the household bills -- and how
• whether to have joint bank accounts and, if so, how you will manage them
• agreements about specific purchases or projects, such as buying a house together or starting up a business
• how you will handle credit card charges -- for instance, whether you will use different cards for different types of purchases, what kinds of records you will keep, and how you will make payments
• agreements to set aside money for savings (it is possible to have your mail order bride actually contribute into a 401K which you have ½ ownership of while excluding her from an interest in your 401K)
• agreements for putting each other through college or professional school (if you agree to do this be sure that your Mail Order Bride Pre-nuptialtial characterizes such educational expenses by you as a loan. You may never enforce this loan but in the event of a divorce a $15,000 educational loan is a great equalizer when the other side ask for alimony or another such contribution from you)
• whether you will provide for a surviving spouse -- for example, in your estate plan or with life insurance coverage, and
• how to settle any future disagreements -- for example, you might agree to hire either a mediator or a private arbitrator.



State Laws
Many states have specific statutes that effect the writing of a prenuptial agreement. For illustrative purposes the following is the Texas State Statute that deals with prenuptial agreements;
FAM. 4.003
Statutes and Session Law
FAMILY CODE - TITLE 1. THE MARRIAGE RELATIONSHIP
CHAPTER 4. PREMARITAL AND MARITAL PROPERTY AGREEMENTS
FAM. 4.003 CONTENT.
-------------------------------------------------------------------------------- § 4.003. CONTENT.
SUBCHAPTER A. UNIFORM PREMARITAL AGREEMENT ACT
(a) The parties to a premarital agreement may contract with respect to:
(1) the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
(2) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber,
dispose of, or otherwise manage and control property;
(3) the disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
(4) the modification or elimination of spousal support;
(5) the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
(6) the ownership rights in and disposition of the death benefit from a life insurance policy;
(7) the choice of law governing the construction of the agreement; and
(8) any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
(b) The right of a child to support may not be adversely affected by a premarital agreement.

Mail Order Brides have been around for thousands of years. Many successful Mail Order Brides have flourished in western society. These Mail Order Brides bring with them the work ethic from the old country and a beauty that has not been marred by fast food and the fast life that so many American women perpetuate. Mail Order Brides from former Soviet Union Countries such as the Ukraine are in societies where marriage and family is important. These Mail Order Brides have been unable to secure a happy marriage in their own countries due to poor economic conditions and a situation where there are 1.5 million more Mail Order Brides than their are marry age men. Similarly, mail order brides from the Ukraine are college educated, beautiful (it is fabeled that the Russian Czar moved the most beautiful women in all of Russia to what is now the Ukraine so that ship building men would follow so as to build up the Russian navy) and put their personal interest subservant to the families.

If you are a single male looking for a beautiful Mail Order Bride than simply do a search for any of the below Mail Order Bride terms. Also, if you aren't the kind that is willing to find you love in a Mail Order Bride simply do a Google Search for, "Teach English in the Ukraine" and you will find that meeting your Mail Order Bride in the Ukraine can not only be a fun and fruitful experience but one in which you can get paid as well.
Article Source: http://ColtonIndustries.org/Mail_Order_Bride_Prenup101 by Bill Simon



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