I am a U.S. citizen, and my fiancé lives in Iran. We have met in person several times and plan to marry and live together in the United States. Before filing for the fiancé (K-1) visa, I am considering a prenuptial agreement to protect myself in case the marriage does not work out. Do you recommend it?
Response
In principle, a prenuptial agreement serves to clarify the parties’ financial rights and expectations. However, its usefulness depends heavily on the circumstances of each relationship.
When Prenuptial Agreements Make Sense
I usually recommend such agreements where there is a clear disparity of age, wealth, or prior financial obligations—for example, when one party owns significant property, has adult children, or has substantial premarital assets.
When They May Do More Harm Than Good
When both parties are of similar age, background, and means, introducing a prenuptial agreement may signal mistrust and create emotional distance before the marriage begins.
Language and Understanding
If your fiancé’s first language is not English, the document should be translated into Farsi. Courts will not enforce an agreement signed without true comprehension or informed consent.
Timing and Duress Concerns
Signing a prenuptial agreement as a condition for visa sponsorship may be viewed as coercive.
Limits on What Can Be Included
Prenuptial agreements cannot determine child-related issues or waive spousal support during marriage.
Emotional Readiness
Simply stated: if you are uncertain about your emotions, do not marry. If you are sure, marry with intent to make it work forever.
Under California Family Code Sections 1610–1615, a prenuptial agreement is valid only if both parties enter it voluntarily, with full disclosure, and after a fair opportunity for independent advice. It must not be unconscionable or against public policy.
— Abbas Hadjian, Esq.
The opinions expressed in the Expert Desk series are for educational purposes and do not constitute legal advice. Each case depends on its own facts. Readers are encouraged to seek independent counsel for personal or professional matters.