'Before the 90 Days' Sneak Peek: Memphis Says She Won't Marry Hamza Without Postnuptial Agreement

In PEOPLE's exclusive sneak peek of 90 Day Fiancé: Before the 90 Days, Memphis and Hamza have a tense conversation about the possibility of divorce

Hamza Mokni doesn't understand why Memphis Smith wants a prenup.

In PEOPLE's exclusive sneak peek of 90 Day Fiancé: Before the 90 Days, Memphis and Hamza have a tense conversation about the possibility of divorce, with Hamza's sister, Rawia, as the translator.

The discussion begins when Memphis asks Rawia to translate how important the conversation of a prenup (or a postnuptial agreement) is in their relationship. "I can't get that right now," she says. "There's another agreement called a postnuptial agreement, which means that he has to sign it after we get married. Will he be willing to sign that?"

Memphis says this agreement is important to her because it would prohibit Hamza from assuming any of her finances or assets if they get a divorce — including her house and kids.

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While the protection plan is appealing to Memphis, Hamza doesn't understand the need. "Why is she thinking of divorce?" Hamza asks in Arabic. "Why would I ever divorce her?"

Memphis responds: "We don't know. He may get to America, he may find a different woman, you know?"

To Hamza, divorce isn't an option. He mentions his parent's split and how it affected him. "I don't like someone who's already thinking of the divorce before the actual marriage," he says in a confessional interview. "I despise the notion of divorce. I was a victim of my parents' divorce. I don't want to go through that awful experience."

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As Hamza's mood shifts, Memphis explains her thought process behind the legal terms. "It's not that I don't trust you, I have to protect my kids," she says. "So, if he can't sign the paper, then I don't want to get married."

The ultimatum doesn't sit well with Hamza. "It's her choice to marry me or not, but this is bad," he responds. "I mean, am I marrying a paper or a woman?"

This isn't the first time Hamza has expressed concerns about marrying Memphis. In an earlier episode this season, he told Memphis they may have rushed the decision to get engaged. The admission came after Memphis learned Hamza is 26 years old — not 28 as he'd originally told her.

90 Day Fiancé: Before the 90 Days airs at 8 p.m. ET Sundays on TLC.