QUESTION
Can a prenup be designed to make divorce extremely difficult?
Asked on Nov 08th, 2013 on Divorce - New Jersey
More details to this question:
Disclaimer: This is for a script I'm working on, and doesn't pertain to a real life case. I would just really appreciate some factual information regarding this issue. I was wondering if a prenup could be drafted so as to make divorce very painful (costly) for both parties or for just one of them. For example, would it be legal if the prenup specified that the person filing for divorce had to give their spouse a certain sum of money (regardless of whether they actually had that money or not)? What other clauses in the prenup could discourage an actual divorce?
4 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Probably not .. Prenuptial contracts relating to property made between persons in contemplation of marriage are valid in Michigan MCL 557.28.
Answered on Nov 13th, 2013 at 3:44 AM
Bruce Provda
Prenups vary quite a bit by state law as to what the state will recognize as a valid agreement. You need to decide what state your fictional characters live and check the law for that state. A money agreement can be upheld in the prenup depending on how it is worded. Have your character consult with an attorney.
Answered on Nov 13th, 2013 at 2:57 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Divorce in a no-fault state is never difficult. Once you file you are for all intents and purposes divorced. The prenup deals with the distribution of assets which is a different issue though related.
Answered on Nov 08th, 2013 at 10:14 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I suppose a pre-nup could be pretty creative. However, about the only thing that you would do is make it costly for a person to file for divorce. If you want to get really intricate, make it so that the divorcing spouse gets nothing unless he or she can prove infidelity or abuse by the other spouse. Also, in order to be effective, both parties have to have had the opportunity to have the pre-nup reviewed by counsel of their choosing.
Answered on Nov 08th, 2013 at 10:14 AM