Noterized documents?

[Theresalee]

What is the name of your state?CA
I am going to ask this for a friend and my reason is I ws wondering if it would work for me as well. She has been married for 8 years (legal) mine isn't yet b/c I am filing a nunc pro tunc for n erroe on almost 21 year marriage. My thread was pretty full but this is more for both of us. Anyway can a prenup be written after the marriage? Her husband saw a show that said you can fill out a document and get it noterized stating one person gets almost everything as furnitings etc.. alimony etc If it's proven that they were cheating and on that document they define cheating. Also they have to have proof as in a video, pictures, STD etc.. not just word of mouth. What she wants written is the cheater can only leave with the clothes on his/her back.. Also alimony in a certain amount to be paid etc... Mine wouldn't be like that but she also said if a divorce judge wouldn't grant it she could take them to small claims court? I guess for the monitary stuff ? My thought is alimony can only be granted in family court. I don't want her or myself to think we are all set and find out were screwed in the end!!! Kinda like I am right now (maybe), If this is to vague or complicated just pass it up, I totally understand.. Thanks

 

[cbg]

I don't know the answer to your question; I'm not an attorney and I work with employment law, not family law of any kind. But I did want to clarify something - I can't tell if this is what you're thinking but a lot of people make this mistake.

I am a notary public, and at least in my state the only thing my seal on a document means is that to the best of my ability to tell, the person who signed the document is the person he said he is. It doesn't attest to the truth of the documents and it doesn't make them legally binding. It only means that the person or persons who signed the documents either were known to the notary, or provided identification that verified that he was the person he said he was.

So having such a document notarized wouldn't make it binding, unless it was worded in such a way as to be enforceable anyway.

 

[seniorjudge]

What is the name of your state?CA
I am going to ask this for a friend and my reason is I ws wondering if it would work for me as well. She has been married for 8 years (legal) mine isn't yet b/c I am filing a nunc pro tunc for n erroe on almost 21 year marriage. My thread was pretty full but this is more for both of us. Anyway can a prenup be written after the marriage? Her husband saw a show that said you can fill out a document and get it noterized stating one person gets almost everything as furnitings etc.. alimony etc If it's proven that they were cheating and on that document they define cheating. Also they have to have proof as in a video, pictures, STD etc.. not just word of mouth. What she wants written is the cheater can only leave with the clothes on his/her back.. Also alimony in a certain amount to be paid etc... Mine wouldn't be like that but she also said if a divorce judge wouldn't grant it she could take them to small claims court? I guess for the monitary stuff ? My thought is alimony can only be granted in family court. I don't want her or myself to think we are all set and find out were screwed in the end!!! Kinda like I am right now (maybe), If this is to vague or complicated just pass it up, I totally understand.. Thanks

Q: Anyway can a prenup be written after the marriage?

A: No, but a postnuptial agreement can be written. None of the provisions you have been mentioned could be enforced.

 

[Theresalee]

To be honest it didn't sound right to me either, but you guys have always been straight forward so i thought i would ask. My thought is a judge may think one partner was under stress at the time or just agreeing to make that person either shut up or to prove they are doing nothing.. Second in small claims there is a limit of 5000,00 to my knowledge (which could be wrong)
I will give her this info and Im sure she will argue it.
I guess if it was legal then all couples would just go out and make up their own paper work? As in you get this or that after they get married,
I will tell her to look into a postnuptual agreement with an attorney... Thanks

 

[Theresalee]

What is typically in a postnup? Division of property while married? ( just a guess)
My husband wrote a document out on what is his and what I can take and except for a few items it was fair. We both intend on signing it once it's ironed out.. My issue is I also know we share the bills and own NO property. Even though our agreement in this marriage was I take care of the home and children and he pays the bills and goes to school (his Idea to keep me home, he agreed to allow me to work at my childrens school years later) My question is.. Once I am ordered to pay half of our debt can I claim bankruptcy? If we go ahead with this divorce? I will have very little income once we are done as I am partly or totally disabled. I will not be able to afford my rent let alone these bills.
My husband has said I can NOT claim bankruptcy on my half of the bills.
Also will I be ordered to give im half of my work comp claim if I get one? I have the hearing in May but it may not be settled then. I could pay a portion of the bills if I'm awarded any but... I would like to buy food and shelter......
This will educate me a little in this situation instead of just believing everything he says!

 

[seniorjudge]

What is typically in a postnup? Division of property while married? ( just a guess)
My husband wrote a document out on what is his and what I can take and except for a few items it was fair. We both intend on signing it once it's ironed out.. My issue is I also know we share the bills and own NO property. Even though our agreement in this marriage was I take care of the home and children and he pays the bills and goes to school (his Idea to keep me home, he agreed to allow me to work at my childrens school years later) My question is.. Once I am ordered to pay half of our debt can I claim bankruptcy? If we go ahead with this divorce? I will have very little income once we are done as I am partly or totally disabled. I will not be able to afford my rent let alone these bills.
My husband has said I can NOT claim bankruptcy on my half of the bills.
Also will I be ordered to give im half of my work comp claim if I get one? I have the hearing in May but it may not be settled then. I could pay a portion of the bills if I'm awarded any but... I would like to buy food and shelter......
This will educate me a little in this situation instead of just believing everything he says!

A lawyer familiar with your situation needs to answer all your questions.

 

[Theresalee]

If I could afford one I would ask a lawyer!! But i understand and Thanks anyway.....

 

[rmet4nzkx]

Sorry I didn't see this the other day.
Don't sign this agreement, he is trying to force you to sign this knowing that your issues re the marriage validity will be resolved. If you get a divorce, work out your settlement then not sign a post nup 21 years after the fact to his advantage.
In the mean time since the Nunc pro Tunc is on the way, start calling your creditors and find out your status on each account. If you are joint then that is an account you have to worry about. If you are an authorized user, he can be held responsible for that account. It would be wise to get some credit in your own name.