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Post-nuptial agreements?

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NedsBones posted 8/13/2013 23:44 PM

I want one and I know the terms I want, but I've talked to three attorneys today who have never heard of such a thing and seem to think it's not even possible. I've checked with family law and divorce lawyers.
Am I missing something here? It seems essentially like a prenup, why has no attorney in my area heard of one?

Dare2Trust posted 8/13/2013 23:51 PM

NedsBones,

I have no idea why attorneys in Oklahoma have no knowledge about Post Nup Agreements.
I live in Texas (A Community Property State) and having a legal, attorney written Post Nup was one of the MAIN CONDITIONS for me agreeing to remain in my marriage: I wanted, needed, and DEMANDED legal, and financial protection...and a JUDGE agreed with my terms!

PhantomLimb posted 8/14/2013 00:40 AM

My WS tried to get me to sign one before DDay (the demand brought DDay on in fact, because I refused to sign).

So they exist.

womaninflux posted 8/14/2013 00:47 AM

Yes. They exist. Basically defines who gets what assets (personalty, property, etc.) in the event of a split.

I want one!!!

I want $1MM off the top of the division of assets if we split because of any future infidelity on his part. I wonder what other things I should ask for.

Kierst13 posted 8/14/2013 00:47 AM

Post-nuptials aren't valid in all states. I didn't find much about them in Oklahoma via google, but what I did find, they seemed limited to property only or in conjunction with a legal separation.

crisp posted 8/14/2013 05:40 AM

The law varies from state to state. BUT, experienced family law attorneys absolutely should be able to tell you what the law is in their state on the subject. These type of topics come up in the seminars required under continuing legal education and practitioners in specialties like family law chat all the time about issues in their practices.

sparklezombie posted 8/14/2013 12:04 PM

They are valid in my state and we have one. Try an experienced estate planning attorney. That's who did mine after collaborating a bit with my divorce atty

Hopetosurvive98 posted 8/14/2013 13:04 PM

I have one. I refused to R without one. My lawyer said they do them all the time. Mine is very extensive and gives me a 70/30 split on everything along with a lot of other things. It is in full effect if there is any further infidelity and I get to define what infidelity is. It also states he has to maintain zero contact with his AP and her friends. There was a lot to it and took me about a month to get it finalized- it is 28 pages long so it is quite the contract!

doesitgetbetter posted 8/15/2013 11:14 AM

I would caution anyone considering a post nup to waltz over to the divorce forum and see just how many people had those, and then were told that they weren't worth the paper they were written on when push came to shove. Even if they are legal in the state, they can still be disputed during D, and if the split is unfair they have been thrown out completely.

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