Korean Job Discussion Forums

[mole]

I'm planning to marry a Korean this year, in Korea. Looking for advice on drawing up a prenuptial agreement. I have samples from family members, but am wondering how to make it all internationally official. Have any of you done that here? Or have contact information for bilingual lawyers? I've read there are only two requirements: each party needs a lawyer, and each must fully disclose all financial information.

Thanks

[Sage Monkey]

[helly]

Oh, hell, there are so many reasons for a prenup that your response just comes off as ignorant. Maybe Mr./Ms. Spouse is the heir to a Samsung fortune and Mole is prooving that he/she ain't after the computer cash.

[Bulsajo]

Well, you have to look at it a different way: it's sage the herb rather than sage the repository of great wisdom.

[animalbirdfish]

I don't think the OP was looking for a debate on whether he should have a pre-nup. Just give him the info he needs (sorry, I don't know).

[Hater Depot]

Talk to a lawyer, not people on the internet. Your native country's embassy should be able to provide you with a list of attorneys.

[mole]

Thanks for replies.
From my research, it seems uncommon and almost irresponsible to not have a prenup. Especially if there are children from previous marriages.
I get the feeling it's going to be an expensive hassle here. But we'll get it done.

[bundangbum]

[skinhead]

[lbellamy]

Mole,

First my condolences on your father's death.

I started looking into legal hows and consequences of an international marriage 2 years ago then put it on ice. Here's the gist:

You can get a list of legal firms that do family law, in Korea and other countries from Hierosgamos (or your embassy):

http://www.hierosgamos.org/hg/db_lawfirms.asp?action=list&country=korea

You could ring around to short list, go interview a few together. An initial consultation doesn't mean you've hired the firm. Once you've found the right lawyer(s): You could brief the same lawyer on what you both want, or get one each, maybe even from different firms to represent your individual interests. The legal system here is Napoleanic not adversarial, so the latter might not fit.

This site cites a resource book on international family law matters. The blurb alone gives food for thought. e.g. What treaties does your country have with Korea? Your pre-nup needs to fill in whatever cracks you decide are important to fill between the two sets of laws and the treaty.

http://www.llrx.com/features/int_fam.htm

The Ministry of Justice has the Korean Family Law Act in English. (If your country has many Korean immigrants then your lawyer there, if not the law firm you use here, will have your Family Law Act in Korean.)

The lawyer dealing with your family estate might be able to recommend an appropriate firm to advise on and check whatever pre-nup you negotiate here. Ask whether you need to consider two countries worth of Estate Law too because that's really where any respective and mutual heirs will be affected.

Good luck and may you have equal negotiating power then the option of celebrating many many anniversaries by unfurling your pre-nup, scoffing and toasting that you still haven't needed it.

Meanwhile, I'll go buy that book the other poster recommended..... (Sorry I can't see her/his name as I type here).

L

[lbellamy]

Some references per www.KeepMedia.com (These are from accounting and legal publications)

Prenuptial Agreements -- An Overview | 5Ԡ26 '05
http://www.keepmedia.com/pubs/Nolo/2005/05/26/676534
"...a marrying couple with children from prior marriages may use a prenup to spell out what will happen to their property when they die, so that they can pass on separate property to their children."

What You Can (and Can't) Do With a Prenuptial Agreement | 4Ԡ14 '05
http://www.keepmedia.com/pubs/Nolo/2005/04/14/676998
"Prenuptial agreements are most often used for the following puposes:
Keep finances separate....Protect each other from debts...Provide for children from prior marriages."

Prenuptial Agreements: The Planner's Part | 9?01 '05
http://www.keepmedia.com/pubs/PracticalAccountant/2005/09/01/987424
""I see the prenuptial agreement as a wonderful estate planning tool, helping people focus. After all, every marriage ends up in either death or divorce. Using a prenuptial agreement is helpful in getting the couple to think about what they want to happen, and, if they have a patchwork family from various marriages, getting the children to understand exactly what they plan to do."

Go Gently | 9?01 '05
http://www.keepmedia.com/pubs/PracticalAccountant/2005/09/01/987423
"...You don't spring it on a spouse a week before marriage. Make sure that they are on board from the very start..."

Overriding the Agreement | 9?01 '05
http://www.keepmedia.com/pubs/PracticalAccountant/2005/09/01/987426
"...experience is that courts, even with an agreement that is valid under state law, will look for overall fairness so one party won't be destitute after a long marriage. "

If Agreement Not Possible | 9?01 '05
http://www.keepmedia.com/pubs/PracticalAccountant/2005/09/01/987425
"...the creation of an irrevocable trust can eliminate the need for a prenuptial agreement."