QUESTION

If we did an at home pre-nup is it legal?

Asked on Nov 08th, 2013 on Divorce - Washington
More details to this question:
N/A
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8 ANSWERS

Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Only a Judge can determine the legal sufficiency of a pre-nuptial.
Answered on Nov 12th, 2013 at 5:32 PM

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It may be legal. But it can easily be attacked by either one of you if you did not follow the rules.
Answered on Nov 12th, 2013 at 5:32 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Pre-nuptials are legal in Michigan in certain instances.. there must be full disclosure and no fraud..an "at home" pre-nuptial would be easier to challenge in court because it is more likely it is not done right.
Answered on Nov 12th, 2013 at 5:32 PM

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Bruce Provda
There are elements that would make it a legal contract and if those are present then it would be legal. You need to have someone look over the pre-nuptial to find this out for sure.
Answered on Nov 12th, 2013 at 5:30 PM

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The odds of doing a correct prenuptial, in at at home setting, without independent legal consultation and advice, are, to be kind, stacked rather hard against you.
Answered on Nov 12th, 2013 at 5:29 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Probably not enforceable. Generally, each person must have the opportunity to review the pre-nuptial with an attorney. If you don't have that opportunity, it may be that the court will say that either or both parties did not understand what they were signing.
Answered on Nov 12th, 2013 at 5:29 PM

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It could possibly be, but it is unlikely since the requirements of a pre-nuptial agreement were probably not met, such as the time requirements.
Answered on Nov 12th, 2013 at 5:28 PM

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Estate Planning Attorney serving Seattle, WA at Law Offices of Scott K. Wilson
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The "at home" part doesn't matter. What matters is that all assets were disclosed, that both sides were given an opportunity to have it reviewed by a lawyer, that it is fair and there was no coercion. If there is enough assets for a pre-nup to be needed, it only makes sense to have it reviewed by a lawyer now. It can always be modified/revised if the spouses agree.
Answered on Nov 12th, 2013 at 3:22 PM

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