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#168722 - 03/21/07 02:55 PM Have you signed a Postnuptial Agreement?
webmaster Administrator Offline
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Registered: 05/13/03
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[b]Have you signed a Postnuptial Agreement? [/b] [b]Are you thinking about signing one?[/b] [b]If so, Divorcenet would like to know about your experience. Emails us.[email]sts@divorcenet.com[/email] [/b]


Edited by community_mod (08/14/07 04:52 PM)

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#179324 - 08/14/07 02:29 AM Re: Have you signed a Postnuptial Agreement? [Re: webmaster]
jbar Offline
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Registered: 03/30/06
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I am thinking about asking my wife to sign a postnuptial agreement. The problem I am having is finding any consistent information about what language would be enforceable in my state and what language would cause it to be thrown out, if tested. One source says that any agreed distribution of assets would be acceptable, while another says that such an agreement cannot be too much of a departure from whatever the law would require if there were no post-nup. Still another says that no "coercion" or pressure can be used to persuade the other party to sign. If any pressure or coercion were prohibited in implementing the signing of any other contract or agreement, there would be no contracts; the fact that a person would not get a new car if they were not required to sign a contract to pay for it could be pressure or coercion to sign, thereby voiding the contract. I am considering simply downloading a "universal" version and changing it as we desire, then hoping for the best. I understand that some attorneys will offer a refund if their PRE nups are thrown out, but what about a post nup? Either way, the cost of the pre or post nup is irrelevant when compared to the loss of most of your assets by a court which may choose not to recognize it! What a disgrace!


Edited by jbar (08/14/07 02:44 AM)

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