Neptune

Three things every international prenup should cover

Applying for a K-1 visa or marriage green card? Legal expert Michael Cotugno, Esq. explains how to structure a prenup that protects your assets and complies with federal requirements.

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A couple embracing while watching the sunset over a town
  • K-1 Visa
  • H-1B / L-1
  • Marriage Green Card

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Michael Cotugno, Esq.
Managing Partner, Neptune Legal

Falling in love across borders is romantic.
The legal paperwork isn’t.

In 30+ years helping couples navigate K-1 visas, H-1B status shifts, and green card sponsorships, I’ve seen how easily standard prenups miss critical federal requirements. Protecting both partners across borders doesn't have to be complicated or expensive—it just requires the right guidance. These three critical clauses ensure every international prenup is built to last.

The three clauses

What every cross-border prenup should cover

Three essential clauses for K-1, H-1B, and green card couples:

01

Sponsorship and spousal support

When a U.S. citizen sponsors a spouse’s green card, they sign an Affidavit of Support—a promise to the government to support their partner. That promise stands on its own, so your prenup’s spousal support terms must be written with it in mind. A trustworthy attorney will walk you through how federal sponsorship duties work alongside state law to ensure they work together effectively.

Illustrative

Article VI: Spousal support

The parties have discussed spousal support with their respective attorneys. Partner B acknowledges the obligations under any Affidavit of Support signed in connection with Partner A’s immigration application.

02

Overseas homes and family property

A US prenup is written under your state's law, but a home in Lisbon or a family inheritance in Shanghai lives under another country's rules. Whether an agreement signed here is recognized there depends on that country's law. To ensure complete protection, US lawyers should pair with local international co-counsel to confirm property remains secured in both jurisdictions.

Illustrative

Article IX: Property

Apartment at Rua Garrett 12, Lisbon, Portugal, held in the name of Partner A. Any inheritance or gift received by Partner A from family members, wherever located. The parties intend this agreement to be given effect in any jurisdiction where the listed property is located.

03

Understood in both languages

If English isn't your partner's first language, understanding every page isn't a nice-to-have. An agreement one of you didn't fully follow is one that can be questioned later. Doing it right means knowing when a certified translation or native-language copy is needed, so both partners sign with complete confidence.

Illustrative

Article X: Acknowledgments

Each party had the opportunity to consult independent counsel of their own choosing. Each party confirms they have read this agreement in a language they understand and had the chance to ask their own attorney questions.

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The Neptune approach

More legal experience, less expense

Independent Legal Counsel

Each partner gets their own dedicated, vetted attorney with 30+ years of experience.

One Flat Fee

$2,500 per spouse: that's it. No hourly billing, no surprises.

Step-by-Step Process

Complete the entire process online, with clear steps from start to signature.

How Neptune compares

FeatureDIY TemplatesTraditional Law FirmNeptune
Cost$100-500$5,000–$20,000+$2,500 for each partner
Time to CompleteDaysWeeks to months3-4 weeks
Type of CounselNoneSeparate attorneys, billed hourlySeparate attorneys for each partner
International Legal EnforceabilityRisky – often invalid or not state-specificStrongStrong– attorney-led and reviewed
NotarizationNot includedRequires additional feesBuilt in to the process

Trusted by thousands of couples

“Neptune make it so easy to find qualified reasonably priced lawyers I could trust for creating a prenup. And the process of asking questions to an AI chatbot really helped surface critical conversations early with my partner. Highly recommend checking them out!”

Tracy & Steven

Physician & Software Engineer

“The lawyer that I found through Neptune was such a valuable asset for our prenup not only as a sounding board to make sure our needs were met, but also to help write a document that me and my partner agree on while also ensuring it will hold up in court.”

Martha

Product Manager

“Process was surprisingly easy and fast! I expected tons of back and forth with lawyers, but Neptune streamlined everything beautifully. From start to finish, we had our signed prenup in about 6 weeks. Loved the flat fee pricing.”

Liza & Patrick

Account Executive & Investment Associate

Frequently asked questions

Will a prenup get in the way of our visa or green card?

A prenup isn’t part of your visa or green card paperwork. It’s a private plan for your money, and plenty of couples in the green card process sign one. Your Neptune prenup lawyer and your immigration lawyer can work from the same dates, so your prenup is built around your case.

If we separate or divorce, does the Affidavit of Support still apply?

Generally, yes. The sponsor’s promise to the government usually outlasts the marriage, and a prenup generally can’t cancel it. What a prenup can do is set spousal support terms written with that promise in mind, so there are no surprises for either of you. Your lawyer walks you through it on your free consult.

What happens if we divorce before the conditional green card becomes permanent?

Your prenup doesn’t decide immigration status; an immigration lawyer handles that. The prenup settles everything else: who keeps what and what support looks like. You agree on it calmly now instead of arguing about it later, and that protects you both.

Is there time for a prenup inside the K-1 90-day window?

Yes, if you start now. K-1 couples have 90 days after arrival to marry, and with two Neptune lawyers most couples finish in 3 to 4 weeks. Wedding inside 45 days? Rush options exist. Book your free consult as soon as you have a date.

Can we do the prenup while my fiancé is still abroad?

Yes. Everything happens online, in any time zone, so your partner can join from wherever they are. Your lawyers walk you through signing and notarization when it’s time.

Do I need an immigration lawyer too?

For the visa, yes. Neptune does the prenup. Share your timeline with both, and your Neptune lawyer can point out where the two touch.

Is the first consultation free?

Yes. Each partner gets a free 20 to 30 minute call with a lawyer to share concerns and ask questions. After that, it is your call whether to move forward.

How much does a prenup cost?

At a traditional firm, a prenup for a couple in your position often runs $2,500 to $10,000 or more per lawyer. With Neptune each lawyer is $2,500 flat when you both use Neptune, so $5,000 for the two of you, with no surprise bills and lawyers with 20+ years of family law experience.

How long does a prenup take?

When both of you use Neptune lawyers, most couples finish in 3 to 4 weeks. Some states add a waiting period before signing, which your lawyers plan for. Start two to three months before the wedding if you can, and rush options exist if the wedding is inside 45 days.

What is Neptune?

Neptune is the lawyer-led online prenup service. Both partners get their own lawyer for a flat fee. We guide you and your partner through the decisions first, then connect you with vetted family lawyers who draft the agreement.

Prenups, done right.

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Neptune is not a law firm. The information and tools provided by Neptune on this site are not legal advice and not a substitute for the advice of an attorney. Communications between you and Neptune are not protected by attorney-client or attorney work product privileges. Any attorney services facilitated by Neptune through this site are provided by independent attorneys, subject to an attorney-client agreement between the attorney and you.

Planning to live abroad someday? Have the agreement reviewed there too.

Read our guide to international prenups