Full question:
My daughter signed a prenup and has no clue what it means. She had no lawyer. She signed it on Monday and marriage is Saturday. Jeff said he is actually being smart about this because IF he doesn't have it done, his father will cut him out of his will and that will leave us with no extra money when he does pass away. He said, when we sell this house and buy and new one, I have 1/2 ownership to the new house, and anything we buy together from this point on, is 1/2 mine! As for the car, that is in his name, he told me he would never keep it from me if something horrible did happen, he would just make me take over the payments! This agreement just protects what he had before me, correct?
- Category: Marriage
- Subcategory: Premarital Agreements
- Date:
- State: National
Answer:
Generally, in order to uphold a prenuptial agreement, it must be fair and not the product of duress or coercion. Some of the factors that will be considered include whether there was full disclosure of assets, whether the parties had an opportunity to obtain independent review by
an attorney, and how close the agreement was signed prior to the marriage ceremony.
Generally, the language above says that the assets owned by each party before the marriage remain separate property after marriage, and if that property is sold after the marriage, the money received and new property purchased with the proceeds remain separate property, unless one party decides to make a gift to the other, such as by adding the other's name to the deed. An Entire Agreement clause is designed to prevent verbal promises not included in the written agreement from being considered.
I am prohibited from giving legal advice. I very strongly suggest you contact a local attorney before the ceremony who can advise your daughter based upon all the documents, facts and circumstances involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
