Prenuptial Agreement

 

I, John Doe (hereinafter referred to as John), am a divorced 33 year old male U.S. citizen who is planning marriage to Jane Chou (hereinafter referred to as Jane).  Jane is a divorced 38 year old Chinese national female.

 

Jane came to the United States on an R B1/B2 visitors Visa which was issued August 5, 2014.  Ostensibly she came to visit her younger sister, Jill, who is married to a U.S. citizen living in Elsewhere, MI.

 

John met Jane through “Match.com” an internet based dating site which was arranged and curated by Jennifer.  Jane and John met 2 or 3 times during the summer of 2015.  John spends winters in Florida and did not continue to have further contact with Jane until May of 2016. John contacted Jennifer to see if Jane was still in the United States.  Jane was still here and was interested in meeting again.  Jane was staying with a Chinese family in Oakland County and her U.S. Visa had expired.  She was planning to return to China after the family no longer needed her services as a child caregiver and domestic.  They saw each other on the 4 days a month that she had off.  In the process John came to understand her situation and desire to remain in the United States.  John found Jane’s company, personality, and temperament to be appealing.  They chose to continue dating.

 

On July 1, 2016 John arranged and paid for a meeting with a bilingual immigration attorney to discuss possible solutions for Jane’s residency status in the United States since her Visa had expired.  Jane, Jennifer, and John attended that meeting.  It became evident that marriage was the most direct step in resolving the Visa concerns.

 

Jane quit her duties as a domestic mid-September of 2016 and has been living with John since that date.  She has been working with her family members in China to obtain her divorce papers.  Our relationship has been cordial as we live day to day as a couple.  The language difference is an obstacle. Jane has been diligent in her English studies.

 

John’s only marriage was dissolved on October 1, 2004 and he had not planned to marry again.  He is not against being married to allow him to keep Jane in his life, but having experienced the financial ramifications of divorce he was deeply concerned.  Consequently, he found it necessary to create this prenuptial agreement in order to provide a legacy for his children and still recognize Jane as an important part of his potential future.

 

Before setting forth the financial portion of this agreement John would like it recognized what accrues to Jane by marriage to him:

 

1. Jane will be put on the path to United States Citizenship.  She also becomes eligible for government benefits as a Resident Alien.  In addition she can become eligible to sponsor other family members to immigrate to the United States.
2. She will be able to apply for Social Security Survivors Benefits after John’s death.
3. Jane is not being asked to demonstrate or share her assets and    resources that she has in China
4. Jane will be the recipient of significant support in learning to speak, write, and read English as John will be paying for class tuition and conducting direct tutoring (John is an experienced educator).
5. Jane will not be contributing, in any way, to the financial resources of the marriage. Virtually all marital income is anticipated to be provided by John.  All real property and financial assets are those of John accumulated and inherited prior to the marriage.
6. It also should be noted that Jane elected to have a portion of John’s income be sent to relatives in China now rather than be set aside for her.

 

John is aware of the potential emotional and financial risk of being a “Green Card Husband”. Add to that the difficulty of language and cultural differences bring to a relationship. His relatives, friends, and his own prior knowledge bring these concerns into his thought process.  He hopes that he and Jane can overcome those relationship risks and have a happy marriage. But if they are not successful then this prenuptial agreement is intended to define the outcomes for both of them.  This agreement also defines the distribution of our respective assets upon death.

 

John values Jane as a potential wife and hopes that she understands and will accept his need to have this agreement.

 

Jane, Jennifer, and John have discussed the contract components over a 4 week period and John made adjustments where he could and has declined some change requests. The choice to agree or not is now Jane’s.  She is also herewith reminded that she is free to consult with an independent attorney of her own.

 

It is to be noted that except as otherwise provided below, John and Jane wave the following rights

 

• To share in each other’s estates upon their death.
• To spousal maintenance, both temporary and permanent.
• To share in the increase in value during the marriage of the separate property of the parties.
• To share in the pension or other retirement accounts of the other.
• To the division of the separate property of the parties, whether currently held or hereafter acquired.

 

If John dies prior Jane (and they are still married) she is to receive from John’s estate settlement:

 

1. Any and all monies held at/by Fubar Bank in John’s name or jointly with Jane. The aggregate value of these accounts will be $100,000 or more. If for some reason the aggregate amount is less than $15,000 then the difference is to be provided from John’s estate.
2. 00250% of the estate for each month they had been married, commencing after the death of her mother or Jane becoming a US Citizen (whichever may occur first). The money due Jane should first be transferred from John’s Dowecheatem IRA account balance to an IRA account created for Jane.  The total accumulation due Jane is limited to a maximum 33% of John’s estate (less debts and expenses).  The remaining estate (after Jane’s distribution) is to be divided equally between John’s only natural children.
3. Any and all furniture in the Oakverpriced Condominium (or succeeding Michigan residence) that Jane may choose to keep.
4. The automobile held in her name. The automobile that she will drive will be titled in her name. It is assumed that Jane will be the holder of a valid Michigan driver’s license for this item to be carried out.

 

If Jane dies prior to John, then the following will be carried out:

 

          $10,000 from John’s Chase Bank savings account plus any monies held jointly or individually by Jane at Fubar Bank will be given to her son who resides in.

 

If Jane and John divorce, separate, or annul their marriage for any reason or cause then Jane agrees to accept the following as the full and complete financial settlement:

 

1. All the furniture, clothing, and other personal items that were normally in her bedroom.
2. The automobile held in her name. The automobile that she might drive will be titled in her name.  It is assumed that Jane will be the holder of a valid Michigan driver’s license for this item to be carried out and will be responsible to make the remaining lease or loan payments (if any).

 

This agreement constitutes the entire agreement of the parties and may be modified only in a writing executed by both John and Jane.

 

In the event it is determined that a provision of this agreement is invalid because it is contrary to applicable law, that provision is deemed separable from the rest of the agreement, such that the remainder of the agreement remains valid and enforceable.

 

A dispute regarding this agreement will be resolved by reference to the laws of Michigan.

 

This agreement will take effect immediately upon the solemnization of John and Jane’s marriage.