Quote:
Originally Posted by Kurt V
I have done a number of these. Pre-nups (or antenuptial) agreements are the most misunderstood and easiest to screw up cases for attorneys and clients alike. Prenuptial agreements have certain requirements. Generally, they are as follows:
there is a full and fair disclosure of the earnings and property of each party, and the parties have had an opportunity to consult with legal counsel of their own choice.
As a general rule, the agreement must also be:
in writing;
executed in the presence of two witnesses; and
acknowledged by the parties before a person authorized to administer an oath (notarized).
In most cases prenuptial agreements are upheld. It is only in cases where there was not full disclosure or the agreement becomes substantively unfair at the time of the divorce that Court's strike down the validity of such agreements. An agreement may deemed substantively unfair if the circumstances on which the agreement was based have changed so drastically that enforcement would not comport with the reasonable expectations of the parties at inception.
|
Kurt's advice is spot on. The one BIG mistake that I made with Blondzilla is that the topic was discussed and she lied to me.
A pre-nup just makes sense. And in California there is such a thing as SEPERATE property. You should protect this at this time as you can always modify the agreement later on if you are so inclined. Protect your house, your income and your retirement.
The other thing is that if she has a problem with what you want to do it is far better to find this out now than later if things go south. If there is one thing that my painful divorce can serve as, is NOT to formalize at least the process. Do this and do not hesitate. She will also need to speak with an attorney that is not your attorney at least IMHO so that she has independent counsel.
Kurt is spot on, trust me, I am the fool that would have benefited from such sound advice. I lost my house and half of my cash wealth. The only thing I can ever hope for is karma catching up with her. Do not make the mistake that I made.
Dan