Topic is Sleeping.
atomic_mess (original poster member #82834) posted at 9:28 PM on Thursday, April 11th, 2024
Has anyone implemented a post nuptial? Just curious to the results--successful or not?
BraveSirRobin ( member #69242) posted at 9:39 PM on Thursday, April 11th, 2024
My understanding is that their enforceability varies by jurisdiction. The disadvantaged party should have documented legal representation to prove that they understand what they're giving up. Even then, if the terms stray too far from standard legal entitlements or leave anyone destitute, there's a good chance a judge will throw it out. The government has an interest in preventing people from becoming poor enough to claim benefits from the state.
The1stWife ( Guide #58832) posted at 11:04 PM on Thursday, April 11th, 2024
Have one. He willingly signed it as a requirement for me to even consider reconciling.
I did it to protect myself and kids.
It’s been 10 years and don’t need it but still have it locked away just in case.
Survived two affairs and brink of Divorce. Happily reconciled. 11 years out from Dday. Reconciliation takes two committed people to be successful.
Perdita1 ( member #67654) posted at 11:12 PM on Thursday, April 11th, 2024
Yes. Had a post-nuptial agreement drafted by a lawyer. More about parenting than finances though. Wasn’t entirely enforceable in the jurisdiction I was in but would have been persuasive evidence if I had had to fight him on those points. In the end it was not needed but it gave me peace of mind and another string to bow.
atomic_mess (original poster member #82834) posted at 1:06 AM on Friday, April 12th, 2024
Thanks for the response. I had read in an older response the BS asked the WS for basically everything implemented in Texas. The poster stated that Texas looks favorably on pre and post nuptials. Just curiosity on my part.
greenirisheyes ( member #7983) posted at 12:02 AM on Monday, April 15th, 2024
My husband offered to sign our home over to me in a post nup if we reconciled. I spoke to two attorneys. They both told me in the state of NJ they aren't worth the paper they're written on. All he'd have to say is that he signed it under duress or I threatened him with losing his children if he didn't sign and the court would throw it out, so I let it go. If it had held water I would have certainly had him sign one, though.
Reconciled since 10/2002 Married 49 years - 2024!We're better then ever, but I won't be sending the skank a thank you card.
"We all wear masks, and the time comes when we cannot remove them without removing some of our own skin" – André Bert
Superesse ( member #60731) posted at 2:28 AM on Monday, April 15th, 2024
greenirisheyes, what I did was to not only take my WH's offer of deeding me the marital residence "in case of Divorce," but to go ahead and make that happen right then, by means of a separate legal document. This was done via a marital Deed of Gift between us, which I had the lawyer put in the "needed to occur within 30 days of signing said Post Nup Agreeement."
Because, 12 years after D-Day 1 and extending him the gift of R, I wasn't going to F around with some clause in a legal Agreement that could later be challenged down the road, if I moved to D.
In Virginia, it is long-held legal tradition that a couple can gift property between themselves with no problem, or even tax implications. So that is what we did, but I had to find a different attorney to execute the real estate deeds. (To be "equitable," as in Virginia in an uncontested Divorce case), I likewise deeded him my old home which we no longer lived in, but was worth a considerable percentage of the assessed value of our home.
Both of those deeds were done within 30 days. By the way, I had to push my D attorney to do this; he had to research it thoroughly before agreeing it would be air-tight.
I feel like, as the old saying goes, "...possession is nine-tenths of the law."
So maybe others can research doing that step, on top of a "post nup?"
Topic is Sleeping.
