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post-nuptual agreement

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jansmith

Junior Member
What is the name of your state (only U.S. law)? Kansas

My husband and I were married In March of this year. When we got married, he was in debt up to his ears. I owned my own home, but with a mortgage and NO equity... not much better of a position than him. He moved in with not much more than would fit in the back of a pick-up. After several months of a VERY rough start to our life together, we lost my home and everything in it to an electrical fire. I had lived there for nearly 7 years, and worked VERY hard for what I had.
We have since then move, replaced, and tried to start over. I bought a house, paid for with cash, paid off mostly all of our debts, and had a little left after all was said and done. He has not been employed since at least 5 months before we got married. He is a great "father" to my young daughter, but does not participate to the income of the family. This is not one of those "stay-at-home dad" situations. I make barely over minimum wage.
Not too long ago, I found out about many secrets and that he had been hiding from me. Some were very hurtful and maybe unforgivable to most. But I cherish him, and my marriage means so much to me that I want to give it another shot.
He is willing to sign a "post-nuptial agreement" to help me feel more secure in the marriage. I want this to be a joint marriage, 50/50... but if he can't be loyal and trustworthy, I know I need to protect my daughter and I, and what I have worked for. And I can't be fair to him if I constantly feel threatened that he is able to take what I have worked for if I do come to the conclusion that it is in my daughter's and my best interest to end the marriage.
Sounds like a disaster waiting to happen, I know... especially after seeing it in writing with my own eyes, But I need help... and not marital advise, I need LEGAL advise! :confused:
 


xylene

Senior Member
Legal advice

Post nuptial agreements, like pre-nuptial agreements are complex and tricky.

They are not a panacea.

They CAN be attacked in a divorce

They don't solve underlying problems

They ARE NOT do it yourself things.

You will need to see a lawyer, so will hubby.

The reality is that if you want 50/50... you kind of don't need to shoot real high given that you are already married.
 

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