Lawyer Huang Huili’s legal mailbox (seventeen)

Lawyer Huang Huili’s legal mailbox (seventeen) 1. I signed a prenuptial agreement with my husband before we got married. He has a high income, and the content of the agreement is very unfair. At that time I...

>Lawyer Huang Huili’s legal mailbox (seventeen) 1. I signed a prenuptial agreement with my husband before we got married. He has a high income, and the content of the agreement is very unfair. I agreed to sign it at that time, because I thought that after a long time of relationship, the agreement was just a piece of paper, and he would not ignore me, but in the past 4 years, he has only treated me as a free servant. He and I have no children together. According to the prenuptial agreement, if he and I get divorced within five years of marriage, I will have nothing. Even the property in our joint name can only be stayed for 90 days and then we have to move out. Will I get nothing if I get divorced now? Answer: A prenuptial agreement is a contract signed by both spouses before marriage. As with any contract, as long as both parties sign the contract and as long as the terms in the contract do not violate the law, the contract will usually be recognized by the judge. Even if there are provisions in the contract that favor one party, even if both parties go to court, the judge will tell the plaintiff that the contract was made by both of you and you walked in with your eyes open, so you still have to act according to the terms of the contract. Of course nothing is absolute. For example, you can say that you did not have a lawyer when you signed the prenuptial agreement, that you did not understand English, or that you were coerced into signing the agreement, etc. Maybe the judge will sympathize with you. But you know the terms that are not good for you, but you still signed it because of other personal factors. If this is the case, your chances of winning the case are not very high. Most prenuptial agreements are signed to protect the property of both men and women before marriage, and generally clearly stipulate that both men and women can maintain their pre-marital properties and other assets in the event of divorce. Sometimes it is proven through legal procedures that you cannot be self-sufficient immediately after divorce, and you can still appeal to the court for alimony. 2. I am a U.S. citizen, and my mother is a Taiwanese citizen and wants to give me about 190,000 US dollars. Does my mother or I need to pay taxes or show any supporting documents? If your mother is not a U.S. citizen or a green card holder, she does not need to pay taxes or produce any documentation. You also don't have to pay tax, but you have until April 15 next year to declare the gift. This income must also be declared at that time. When filing Form 1040, attach Form 3315 to the IRS. It is the donor's obligation to pay gift taxes, but when the donor is not a U.S. citizen or resident, the donor has no U.S. tax liability. The donated property is not located in the United States, and the recipient does not need to pay gift tax when bringing the gift into the United States. There is no U.S. gift tax on this gift, but whether there is Taiwan tax (i.e. local tax based on the nationality of the donor), please consult your local accountant. Heirs to overseas gifts exceeding $100,000 must report them to the IRS. Americans who accept gifts from foreign countries must report Form 3520 to the IRS if they receive gifts exceeding $100,000 in the next year or if the value of gifts received from foreign companies and business partners exceeds $13,258. If the 190,000 yuan is divided into 95,000 yuan for one spouse and the other 95,000 yuan for the other spouse, generally the amount of property donated is less than 100,000 yuan, and the recipient does not need to declare it. However, the husband and wife must add up the total, and if the amount exceeds 100,000 US dollars, they still need to declare it. Financial institutions report electronic transfers of more than $10,000 through the banking system. If you are a U.S. citizen, gift property to others. Regardless of where the property is transferred, each donor can only donate $13,000 per year, and any amount in excess is taxable.