Prenuptial agreements are signed before the wedding ceremony and are executed upon marriage. These legal contracts decide financial issues that would be addressed in the event of divorce or the death of either spouse. If a prenuptial agreement is determined to be coercive – to push one spouse into accepting unfair terms – the court will likely reject its validity.

Such contracts are becoming increasingly popular as that people understand that prenups are not tools of wealth management for only the very rich. Prenups can address a wide range of important financial concerns.

Coercion is especially of concern in cases where one spouse is immigrating to the U.S. and has signed a prenup. If your spouse is attempting to become a permanent resident, and if there is any evidence that he or she didn’t adequately understand the terms of the prenup, or that he or she had no reasonable choice in the matter – especially if English isn’t his or her first language – it can draw the validity of the document into question.

Ultimately, any terms that reduce the non-citizen spouse’s property rights may smack of a deal having been entered into in exchange for citizenship.

It’s important to note here that the terms of the original Affidavit of Support, which is a contract with the government, supersede any terms laid out in a prenuptial agreement. In other words, if you are planning to marry a foreign citizen, entering into a prenuptial agreement may not be your best option.

An experienced attorney can help you to avoids these risks.

Interested in learning more about prenups? See our related post on prenuptial (and postnuptial) agreements: “Are you dating or in a serious relationship? Before you remarry…” and “Overcoming Misconceptions about Prenuptial Agreements.”

Warning: All posts on this website and partner website, JustPrenups.com, contain general information about legal matters for broad educational purposes only. The information is not legal advice, and should not be treated as such. This blog post does not create any attorney-client relationship between the reader and the DADvocacy™ Law Firm or between the reader and JustPrenups.com.