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Immigrant couples seeking prenuptial agreement assistance

Love him or hate him, our new president has certainly garnered the attention of both the media and the nation's population. For undocumented immigrants, fears over Trump's immigration policies have led to a great deal of stress. Some Colorado couples in which one party is undocumented have decided to step up their existing engagement in order to move closer to a green card, and the resulting security that the couple will be able to remain together. That has also led to an increase in the number of prenuptial agreement consultation requests to family law attorneys.

Couples who are thinking about accelerating their engagement should take care to avoid any action that could give the appearance of a marriage that is anything other than "real." That includes hastily drafting and signing a prenuptial agreement, which can be construed as a rush to the altar. As part of the process of obtaining a green card, immigration officials will carefully review all aspects of a couple's relationship. In some cases, a prenuptial agreement can be seen as a sign that the union is not legitimate.

For those who wish to obtain the protections of a prenuptial agreement, it is important to understand how timing comes into play. If a prenup is drafted and signed within a short period of time before the wedding, the entire document can be called into question later. One party could assert that he or she signed under duress, which can lead to the entire document being thrown out of court.

For those in Colorado who are preparing to wed and are considering including a prenuptial agreement in their plans, it is important to consult an experienced family law attorney. Undocumented immigrants have a specific set of legal needs, especially in light of current immigration policy uncertainties. Making sure that all pertinent documents are in line should be a priority.

Source: The Boston Globe, "Immigration fears lead to sped-up weddings -- and prenups", Katie Johnston, April 2, 2017

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Brandon Ceglian

Brandon Ceglian's practice focus is family law, landlord-tenant law / real estate, civil litigation, criminal / DUI, and collections. View Attorney Profile

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J. Adam Beckman

Adam Beckman’s areas of focus are family law, adoptions and prenuptial agreements, and criminal law/DUI. View Attorney Profile


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Daniel Zolnikov practices in the areas of HOA, debt collections, landlord tenant, civil litigation and construction law. View Attorney Profile