QUESTION
Do we have to go through our attorneys and courts to make it legal or can we just sign it and have it notarized to make it legal?
Asked on Dec 27th, 2012 on Divorce - California
More details to this question:
My husband and I are separated. I have filed for divorce. We are attempting to reconcile. I want a post nuptial drawn up. We have spent close to $50,000 already on attorneys so we would like to avoid further costs if we can.
14 ANSWERS
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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If you made it this far with an attorney, you should stay with the attorneys to make sure everything ends on the right note.
Answered on Jul 17th, 2013 at 1:28 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Ohio does not recognize post-nuptial agreements.
Answered on Jan 07th, 2013 at 1:35 PM
You can write up anything you want, without attorneys, have it Notarized, and it will be binding on both of you. You can also file a motion to withdraw your divorce complaint and fire your attorneys.
Answered on Jan 07th, 2013 at 1:34 PM
It takes a lot more than getting a document notarized to get a final judgment of dissolution of marriage. Please at least work with a paralegal so that all your documents will be created and processed properly.
Answered on Jan 07th, 2013 at 1:34 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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If you have already spent $50,000 in attorney fees, it sounds like there are VERY significant issues. The agreement that you propose would be in the nature of a final property settlement agreement if the reconciliation is not successful. Although you hope it will be successful, statistically speaking, the chances of a successful reconciliation are less than 10%. Thus, making what amounts to a "final agreement" without input from your attorney presents a very high risk to you.
Answered on Jan 07th, 2013 at 1:33 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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The chances of a post nuptial being upheld, enforced, are greatly increased if you both have attorneys.
Answered on Jan 07th, 2013 at 1:33 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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This is one of those instances that it will be better in the long run if you spend another $5000 to make sure the post-nup is correct. You have to prepare it so that it can be recordable and, I believe, you do have to record it in Idaho. Also, there are statutory requirements that must be met. And finally, there should be a provision in the agreement stating that both of you have had an opportunity to consult with your respective attorneys as well as a statement from your attorneys that they have advised you as to the repercussions of the agreement. You are reconciling now, but you could split again in 6 months, 5 years or never. If you do split, you want to make sure that you get what you think you should be getting.
Answered on Jan 07th, 2013 at 1:32 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You do not need a lawyer to do a (post-nuptial) marital property agreement. On the other hand, despite your having paid a lot of money to lawyers, having the advice of a lawyer when you are dealing with very important matters can make all the difference between a good and enforceable agreement or a bad one.
Answered on Jan 07th, 2013 at 1:32 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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It is not wise to draft a property agreement without the help of lawyers. You can dismiss the divorce suit at any time by providing the court with an order of dismissal.
Answered on Jan 07th, 2013 at 1:31 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Post nuptial agreements require careful drafting. You want it to be enforceable. If you do it yourselves you risk the court not enforcing it. The law changes and you need to anticipate the problems.
Answered on Jan 07th, 2013 at 1:31 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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I would strongly suggest having an attorney prepare a post-nuptial agreement. It isn't required, but if it isn't done properly, then the court will set it aside if either side tries to enforce it later.
Answered on Jan 07th, 2013 at 1:31 PM
Child Custody Attorney serving Milwaukee, WI
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Zales Law Office
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You cannot do that by yourselves. You either get divorced through the normal process or withdraw the petition for divorce. $50,000 seems absurdly high for a divorce. Something is very odd about that.
Answered on Jan 07th, 2013 at 1:30 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Post nuptial agreements are not recognized in the state of Ohio. It sounds like you folks have fought quite a war. Sit down with your attorney and ask whether a conciliation motion would be advisable.
Answered on Jan 04th, 2013 at 12:03 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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A post-nuptial agreement is a contract between the parties, it is not filed with the court. It is strongly advised taht you have attorneys review and sin the document as overview by an attorney and appropriate counseling as to its terms prevents future litigation.
Answered on Jan 04th, 2013 at 12:01 PM