Dear Ms. Krasnova and Team,
My name is Susan. I am a US citizen. My future husband Max is a Russian citizen. We have a question about marriage jurisdiction, pre-nups and inheritance.
Basically I want to know if there is a way to sign a pre-nup either under Russian or US law (or both) which would state that any inheritance I might receive from my old father (non-property) when he dies is mine ONLY and cannot be claimed by my husband.
Background...
Max and I were planning on getting married in Russia and then eventually moving to the US. We were going to do this because we have been told by friends that it is much faster and easier than the fiancé-visa route. My father, however, is concerned about this idea: he does not want the jurisdiction of the marriage to be Russian because he is afraid that if he dies soon and leaves me a non-property inheritance (cash, bonds) that part of his gift could be claimed by my future husband and expatriated to Russia.
I would still prefer to get married in Russia and NOT to go the fiancé route, if it is possible to sign some sort of pre-nup that would be valid in both jurisdictions.
Reading your website, I have learnt that US pre-nups are only valid for those articles which correspond to Russian law (so could we sign a Russian pre-nup?). I've also learnt that RESIDENCE is the main factor in determining a marriage's jurisdiction. On this point I am afraid, though, because I do not own property in the US, but Max does have property in Russia. If we were to live in a rented apt. in the US, could he still claim that our residence was in Russia? If not, how long would we have to rent the apt. for in the US to establish residence there? What if we moved around between Switzerland and the US (I may begin work in Geneva soon)? How would our residence be determined in that situation?