Thursday, September 15th, 2011 at
12:13 am
My husband and I have been divorced for a while and our separation was a nightmare because we both wanted our teenage children. Now our kids have finished college and our son and his girlfriend are thinking about getting married. They have been working on a prenuptial agreement for a long time and have even consulted with three different attorneys without success. The lawyers and everyone else we have talked with said that contract law can never be stronger than state law or federal law. If this is true, then why do people even bother with prenups? What should I tell my son?
Tuesday, September 13th, 2011 at
12:13 am
If my business is an LLC or if i am a sole proprietor what would happen in both these instances if I would get a divorce? Would my ex have any right to the business if there was no prenuptial agreement & if my business partner is not my spouse.
I live in Virginia, and this is purely hypothetical so there is no timeline for the marriage.
Wednesday, September 7th, 2011 at
9:48 am
In the state of Illinois, can a prenuptial agreement be claimed invalid if the spouse did not give full disclosure of his assets or income?
Wednesday, September 7th, 2011 at
12:12 am
What exactly is a prenuptial agreement? Will it let me legally make sure that if she has an affair with another man and I divorce her, I will get custody of my children and not have to pay her child support?
Because my friend who is/was married recently discovered that his wife was cheating on him with 2 other men. He divorced her, but the judge gave her custody of their 3 children and he can’t see them anymore, not only that but he has to pay ,000/month in child support to her which she uses on on things for herself and not children, like a new car and jewelry she just bought. He told me he is going to kill himself because his life is pretty much over now.
I don’t want the same to happen to me if I ever get married because I know more than likely I will get cheated on since all women are cheaters. Will a prenuptial agreement make my life easier and prevent this from happening?
Monday, September 5th, 2011 at
5:01 am
A friend of mine is getting married and should get a prenuptial agreement. I am not sure she wants to hear this. How should I go about suggesting it?
It’s an extra plus if you have successfully gotten one or know someone who has.
Wednesday, August 31st, 2011 at
7:24 pm
Do I write my own prenuptial agreement or is there a base agreement?
Would a prenupt signed by both parties and notarized stand in court? VA
Friday, August 26th, 2011 at
9:49 am
and, believe it or not, they sometimes include a clause that guarantees the man a romp in the sack a certain number of times per week. Given that this is legal and documented consent, is the man therefore entitled to that number of romps per week without additional consent? If he is denied consent by his wife (we’ll assume that marriage itself isn’t an act of consent), which consent takes precedence? Can she claim rape when he has documented consent in the form of a prenuptial agreement?
Optimus Prime: It’s not a matter of human rights, but rather of consent. Granting consent in a contract doesn’t violate the arbitrary, often-shifting definition of "human rights". Given that she is legally bound by the contract to give consent, does that superecede any subsequent denial?
Ellesar W: It’s not entirely hypothetical as this is an increasingly popular prenuptial clause. I think it’s safe to assume that a woman wouldn’t be in the mood at least one time during their marriage. And that begs the question as to whether or not any sex that occurs at that point is consentual or whether it is rape.
Cloudcity CC: But what about the consent explicitely given in the prenuptial agreement? Does that not count?
Optimus Prime: Yes, my question hinges on that key word you gave: "immediate". Laws are not written such that consent must be "immediate" and I doubt that whichever of the numerous "human rights" documents you’re citing specifies that consent must be immediate. In that case I’m describing, there is pre-existing consent in the form of a prenuptial agreement, and a subsequent denial. Does indian-giving apply to consent?
Jack: I have a prenup (though it doesn’t include the clause I specify) and it is very common practice these days.
Tracey: I’m merely challenging the absurd feminist contentions that virtually all sex, unless the woman repeatedly says "yes" which each thrust, constitutes rape.
Optimus Prime: Can you cite such a law?
The Planet: I don’t disagree and I think such a clause dehumanizes the spouse whom you are supposed to love and support until death. But they nonetheless do exist, and I was curious as to what people thought this meant as far as consent. Although I believe that the act of marriage itself is consent.
Optimus Prime: I’m afraid that I can’t just take you word that one consent supercedes the other. Can you cite an actual law?
Thursday, August 25th, 2011 at
7:25 pm
am married with an antenuptial agreement (with accrual) from my home country of South Africa and now live in California as a permanent resident. When I file for divorce, will the judge take the prenuptial agreement into consideration here in the USA, as California is a community of property state? Has anyone has dealings with cases like this? Any input would be helpful. websites for refeerence too. Thanks.
Wednesday, August 24th, 2011 at
2:37 pm
My mother in law recently passed away, and my husband does not trust his step father-he seems to be hiding details about everybody’s inheritance. Is there any way to make that information public? We are not sure if there is a will or not-we are still looking. Is there a way to publicly view any prenuptial agreement that they signed in case he is hiding information from us?
Thanks for the advice so far-the reason I am asking is because she owned a house before she even knew the guy, and my husband grew up in it. Her husband never lived in it at all, but wants to keep it, and I was wondering if he is hiding a prenuptial agreement for the house to go back to her and her family and not him.
Monday, August 22nd, 2011 at
9:49 am
I am getting married to my fiance who is from a foreign country and comes from a poor family and education. Although I don’t think I will ever have to worry about it (I hope), I want to protect my assets in the event that things don’t work out between us.
Before, I go on with the question, I know that there are some who believe that you shouldn’t even get married if you have to consider a prenup, but to me it is just insurance because no one can predict what will happen several years down the road. It’s like questioning why we buy auto insurance. Might as well not buy a car if you’re not going to be careful with it right? Anyway, a divorce may not even be within an individual’s control, since it takes two to make the relationship work. So please just answer my question regarding the prenup and not your opinion regarding the need for a prenup in a healthy relationship… Thanks!
OK, FINALLY ON TO THE QUESTION:
I know that prenuptial agreements can protect an individual’s property which was obtained prior to marriage, but I was wondering whether prenuptial agreements can also specify how post marriage income and property will be separated. During our marriage, I expect that I will be bringing in 90+% if not all of the family income.
Also, in the event of a divorce, do the divorce proceedings depend on the state that I was married in or is it only the state where you are filing the divorce a factor? I know that you have to make the distinction between community property vs equitable distribution states. Will my prenuptial agreement carry the same level of validity whether I get married/divorced in one state or another?
Also I know that rules differ from state to state, and I would need to consult a lawyer, but I’m just hoping for some general answers here to get me started.