Prenuptial Agreement

Question: prenuptial agreement? who wishes now that they had set a prenuptial agreement in place? why?

Answer: I used to think they were bogus, but now they make sense if you come into the marriage with substantial assets, and you want to protect your childrens' inheritance. (I'm thinking more for 2nd marriages)

Question: Men: if you earned significantly LESS money than your fiancée, would you refuse to sign a prenuptial agreement? Women: if you earned significantly MORE money than your fiancé, would you consider a prenuptial agreement?

Answer: First off, if it is a slight significant difference, it should not matter. you make your money, she makes hers, when you get married, you pool that money together essentially to build your lives together, such as buying a home or furnishings for a home already bought by one of you. Regardless, money whether you make a decent sizable amount to sustain yourself as well others, that should not matter since you will be financially capable of maintaining a household as well family.

Question: Where can I get ready forms for a Prenuptial Agreement? I need a prenuptial agreement form for California and I don't want to go to any attorney.

Answer: Recently I found a place to just download the Ready Prenuptial Agreement Form. They have it specific to each state so you can select California. The Prenuptial Agreement Form provided is state specific. It is available at a fraction of the price charged by an attorney. Very cost effective and also very professional and convenient to use.

Question: Is it possible to do this with a prenuptial agreement and have it not be thrown out in court? I would like to have a prenuptial agreement in which I keep EVERYTHING I owned before we got married and I keep any inheritance I may receive after we get married. She will also keep anything she had. We will share everything we earned DURING the marriage 50/50 if we get divorced. Is this possible or will she still be able to get assets I owned before we got married if she hires a good lawyer?

Answer: I think that is a question for your lawyer. You might want to do this asap before marriage. Is your love based on material things or on the person? Some people can loose a really good thing because they find their attraction for objects and 'stuff' more important.

Question: Almost BROKE and immediately need a lawyer for drafting a prenuptial agreement!? Yes Im getting married and we have agreed on getting a prenuptial agreement drafted before we marry. Im broke (Im a student) and dont know where I can get this made for cheap. My fiancee would also need a lawyer. How much money am I looking to spend here? PLEASE help! Im almost broke, and didnt see this added expense coming!!!!! THANKS in advance!

Answer: u said u dont have money, obviously your fioncee is the one that has money . So if it is in her interests to get it make her pay for it. If both of you dont have money then u dont need one

Question: Can my divorce lawyer force my ex-husband to provide her a copy of his prenuptial agreement with his present ? wife? He is trying to prove to court that he should not give any Support money, because he owes too much money to his credit cards and owns nothing and is really poor. Of course, as usual, he is lying. I know that he has a prenuptial agreement with his new wife and in the agreement, they have disclosed all their assets. Could my lawyer force him to give her a copy of his prenup?

Answer: Your attorney can't force your ex-husband to do anything. Only the court can make orders and it would be unlikely that a court would or could require an order to produce a private contract that he has with another individual. Normally child support is calculated based on formulas created by both federal and state guidlines. Most of the items considred for a general child support calculation are all around the income that is produced. None of this has to do with current assets. If you're looking to through aside the general support calculation, y ou can ask the court to deviate from the typcial child support calculations, which can be a very lengthly process and not typically how child support is calculated. When a deviation is considered, generally, you're asking the court to "look at the big financial picture" of both parties outside the norms of the calculations because there is a belief that major items that should be considered exist. In those type of cases, where a deviation from the standard is being evalution, a request can come from the court for a statement of assets, among many other things. Assets are generally allocated at the point of divorce and its not often that they would later be considred, but again it is possible, if the court believes that there is significance in understanding these assets. If they did request information regarding your ex-husband's asset, it would be unlikely that it would be done so through a request for the prenuptial agreement, but it could be. Its also not typical that credit card debt is taken into consideration during the calculation of support, but again it could be when a deviation is being considred, espeically if the credit card bills were expenses for your children or towards business expenses. However, when your asking for a deviation, many financial items on both sides can be requested if the court feels that it should be analyzed in it's attempt to understand the complete financial picture. In any case, he would have a very difficult case proving that NO support should be paid, as the non-custodial parent almost nearly always has the duty for support, despite their claim of poor economic status.

Question: Women: if you earned significantly MORE money than your fiancé, would you consider a prenuptial agreement? Men: if you earned significantly LESS money than your fiancée, would you refuse to consider a prenuptial agreement?

Answer: I wouldn't. When my husband and I got married I was making about 80% more than him and never thought about getting one. We both are determined to make our marriage works and signing a prenup is a sign that you aren't sure the marriage is going to work, don't trust your partner and are selfish. He now makes a lot more than I make and it all goes into one account. Everything we have is ours nothing is his or mine.

Question: Guys if you had $50 million bucks would you get a prenuptial agreement if you decided to get married? What would you do, have her sign a prenuptial agreement or lose $20 million dollars if you divorce so she can just take that money and spend it on some loser guy to take care of.

Answer: Yes indeed! But a wife generally only gets half when she has been married to the guy during the time he made the income. Otherwise she is more likely to get significantly less unless he went from 20 million to 100 during the years they were married. than she would be entitled to half the money he made while they were married!

Question: I have a prenuptial agreement with my wife. If I cheat on her and she divorces me, will I lose anything? I frequently cheat on her with this hot coworker and I think my wife may have gotten a clue. Will my prenuptial agreement protect me from the divorce?

Answer: Its a very good question. Well this depends on a number of factors. 1. There are some jurisdictions that have statutory adultery provisions in them, whereby even with a prenup the court could simply punish you for it anyway. 2. It depends on the prenup and what it says. 3. It also depends on whether your hot co-worker passed any diseases onto you which you in turn passed on to your spouse; and even if not, did any of these diseases sock up your domestic finances? 4. Some states do not punish you for the adultery itself, but do take away from distribution, any sums you paid to entertain your hot co-worker, such as expensive gifts, hotel rooms, a fancy car, dinners, etc. 5. Finally, it all boils down to the judge. Many states have equitable distribution statutes that make prenups enforceable in some respects, or they can be modified anyway, despite them being iron-clad. There may be case law that provides that a prenup may be disregarded entirely or in part. Ordinary contract principles do not always apply to prenups. 6. Its best to consult a seasoned, experienced, trusted attorney in your jurisdiction, who specializes in family law. That's the person who can give you the best assessment of your situation.

Question: Did Stephanie McMahon & Triple H sign a prenuptial agreement ? Did Stephanie McMahon & Triple H sign a prenuptial agreement before they legally married ? We all know who is the beneficiary in this relationship if they ever file for divorce. Im seriously thinking that after the McMahon's being screwed and double crossed throughout the years would demand a prenup. If you're a business man the first thing you would ask when getting married is a prenuptial agreement with your future wife. (Donald Trump did it ) And if you don't think Triple H will ever divorce Stephanie McMahon you are really naive to the subject of marriage or relationships. But the question is, if they signed the prenup ?

Answer: If Stephanie was smart, she would have gotten the prenuptial to protect herself.

Question: can a prenuptial agreement super cede family law? my friend lives in Toronto, Ontario Canada, and had a prenuptial agreement signed by her spouse. Does this agreement cover the matrimonial home?

Answer: The terms of the agreement are what they are, nothing more nothing less. If there is no mention of the marital home in the agreement, then it's not there. As an attorney, it is hard for me to say anything categorically without having seen the terms of the agreement. Why doesn't your friend consult with her attorney on this? That would be the most logical step if she is fuzzy on the details or interpretation.

Question: Prenuptial Agreement in a Community Property State? I am definitely not planning on getting divorced, but considering the divorce rate, I decided that I want a prenuptial agreement. I live in California, and am wondering if there is a way around the "community property" law when entering into a prenuptial agreement. I don't think that it is fair that half of what I earn would go to my husband if we happened to get divorced. I am going to inherit a significant amount of assets (real estate and investments) from my parents. Is it possible to get a marriage license in a different state even though we live in California? Can you rewrite the prenup during the marriage to protect assets earned after the marriage? I will become a practicing patent attorney in 2 years, while my future husband is a management consultant. His salary is approximately 150-200k, while mine will be significantly higher. Any suggestions?

Answer: No you can't re-write the pre-nup post marriage. It will invalidate it. It is why is it called a"PRE" nup... Just to ease your mind a bit - your "significant inheritance" is not something he can touch. Family Code Section 770-772 As far as what you earn, if you are going to be that uptight about it - keep seperate bank accounts and protect it if you feel it is so necessary... are you sure you are ready for marriage? You seem to have a difficult time with the idea of combining your life with someone else's...assets previous & potential inheritance (which are exempt in CA,pre-nup or not) are understandable concerns...but to want to keep every penny you make that is more than your husband WHILE married - not so sure you are sending a message that marriage is right for you.

Question: What is the average length of a pre-nup prenuptial agreement? What is the average length of time for a pre-nup agreement when one of the parties has no money and the other has an inheritance fund of less than 1 million USD? 1 year? Until the first child is born? 5 years? 20 years? Forever? (this is for the state of Florida) I'm just looking for the "average" here. Thanks.

Answer: prenuptial agreement is when you and your future husband do agreement before the wedding, is the way for the woman after get divorce the woman does not loss her home or cars,and is forever

Question: How to write a prenuptial agreement without using a lawer? Me and my fiance would like to write a prenuptial agreement before marriage. We don't want to use a lawyer because we only have a very few things to agree upon and we are very clear about all of them. What is the easiest way to write the prenuptial agreement? Is there any template available online so that we can just put our agreements in? What should we pay attention to ?

Answer: This is my opinion only, but I think it has merit just the same. as long as there is a meeting of the minds between you too you should be able to draw up something that is legal in a court of law. If you (both) contribute to your document and then sign it in its fnal form in front of a notary, you should have a document that will stand strong before a judge. I hope you never need it.

Question: How does a prenuptial agreement work? I read in an article that when a man and a women marry and there are children involved, along with a pre-nup, the man gets custody of the children in the event of a divorce? Is that true?

Answer: Child custody, visitation and child support cannot be completely covered by a prenuptial agreement. The reason why is that the courts are obligated to order done, what's in the best interest of the child(dren). Though parents can agree to agree, tentatively, as to child support issues, custody and visitation issues, and the like; a court can disregard those provisions. The reason why is that every jurisdiction has a statute or code that governs issues concerning children and a judge has a legal obligation to follow the law in that respect. Property issues, spousal support and many other things along those lines can be negotiated privately between adults. But children are protected.

Question: Does prenuptial agreement allow to give existing house and other properties to children from first marriage? I am elderly widower. I want to give my existing house to my children from marriage with my deceased wife. I do not want to give the house to my new wife or her children upon my death. Is this right legally?

Answer: My dad and step mother had a pre-nup. They had it written to leave anything they owned before their marriage to each other to their own children from their first marriages (They were both widowed.), the same as it would have been had they not married each other. Then anything they acquired during their marriage to each other, the other person would have life rights to, then those things would be divided equally among the 4 children--his 2 and her 2. In actuality, my dad died 3 months after the wedding, so they had only acquired a little furniture, which went with my step mother, back to her own housein West Virginia, when she moved out of my dad's house. Dad happened to own a house in Florida, and he had a mortage on another house in Virginia, where they lived during the 3 months they were married. Turned out that Florida did not allow you to leave your widow homeless, so my step mother could have claimed life rights to the Florida house. She signed those rights away, and my brother and I sold the house. There was no profit on the other house when it sold. She received no benefit from the sale of either house, and said that was as it should be. She has a sister in law who is also widowed, and that gal does not own the home she lives in, but she had life rights to it, and once she dies or moves out of the home, it goes to her husband's children, as that is how his will was written. You will need to know the laws of the state in which you are living. Their pre-nup was written in West Virginia, and I guess they should have consulted lawyers in FL and VA as well, since they were unaware of the FL law about the house and life rights of widows. My step mother is a very honorable woman, and would not even entertain the thought of a small cash payment for her signature to give up her rights to the FL house. She said the pre nup was written in WV, and she was not going to take advantage of a loop hole, and go against what my dad wanted, and he wouldn't do it to her either. Pretty great lady, huh? Also, Dad's houses were in a revocable Trust, and after his death, my brother and I became the trustee's, not the wife or step children. He had done that before he had met his second wife, again. (They met at their 50th high school reunion; neither had ever gone to a reunion since graduation until then.) Most likely you will need a lawyer. Best Wishes!

Question: How important was a prenuptial agreement in your marriage?

Answer: It's important if your going into the marriage with alot of assets, retirement funds, cds, stocks, property. It would be a shame to lose half of what you spent your whole life working for.

Question: Has anybody signed a prenuptial agreement for a common law relationship? I don't see us splitting up, but I would like to protect my property as much as I can just incase of such events. I own the house not him... and would be crushed if half were to be given away because of this law. Would anyone recommend this?.. and how much does this kind of thing cost?

Answer: You can't have a prenuptial agreement absent a "nuptial." Most jurisdictions have abandoned common law marriage. Not knowing what state you are in, I can't really comment further. Your house isn't marital property unless there is a marriage. If you are together for a long time, though, even in the absence of a marriage, he might be entitled to some form of payment in the event of a breakup...several states have awarded palimony in such instances. Because you're concerned about your house, talk with a lawyer who is licensed in your jurisdiction. He might suggest something like a lease for a "tenancy at will" which would establish him as your tenant, with the provision that either of you is free to end the tenancy at any time.

Question: How do you go about getting a prenuptial agreement? I figure going to a lawyer is the easiest way but can you just do it yourself? After the two parties have agreed upon it.

Answer: You have to get it put together by a lawyer. It has to be filed with the state to be legal.

Question: Does a prenuptial agreement need to be formatted to the specific state that you are getting married in? We live in Colorado but are getting married in Las Vegas. I planned on using a website to accomplish this. Recommendations are appreciated.

Answer: Save yourself some future aggravation and expense and consult a lawyer.