QUESTION
How should I write a prenup clause safeguarding against divorce?
Asked on Nov 05th, 2013 on Divorce - Michigan
More details to this question:
Is there any clause that could be written in a prenup to deter the spouses from asking for divorce first? I.e. similar to the "cheating clause"a clause which should specify maybe a financial or other kind of penalty for the spouse who wants the divorce.
6 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Very complicated area of the law. You really need an attorney.
Answered on Nov 06th, 2013 at 4:29 PM
Administrative Law Attorney serving Edmond, OK
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Jencks Law Firm P.L.L.C.
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You need to contact an attorney to write up a valid prenuptial agreement and the other side has to have the opportunity to take the prenup to an attorney of his/her spouse. If you write it yourself it most likely will not stand up in court.
Answered on Nov 06th, 2013 at 4:28 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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What does it matter? If each is entitled to their own property and nothing else, then who cares. If you are giving something to your spouse in the event of divorce, I suppose you could make it two-tiered, i.e. you get $10,000 if I file and $5,000 if you file. But since the pre nup should be reviewed by an attorney, ask your attorney to draft it.
Answered on Nov 06th, 2013 at 4:28 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You need to see a lawyer. The prenup will not likely be enforced if the parties have not consulted with attorneys before they signed.
Answered on Nov 06th, 2013 at 4:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, but planning for a divorce is no way to start a marriage under most circumstances.
Answered on Nov 06th, 2013 at 4:27 PM
Bruce Provda
Anytime anyone considers obtaining a prenup agreement they should consult with a family law attorney to make sure that all contingencies are covered.
Answered on Nov 06th, 2013 at 4:27 PM