prenuptial

[mimmelit]

What is the name of your state? NY

My fiance and I agreed to set up a prenuptial.
Since we don't really want to involve a lawyer (tight budget ) I found a few websites online where you can fill in forms and have them printed online (well, they still charge you)
My question is: do we still have to take the printouts to a notary to have them accredited/certified? or do we just sign them both and hold on to them?
If we need to have them certified - do we just walk into any notary in NY and pay for having them certified?

[Ozark_Sophist]

A notary just documents that the individuals who sign the document are who their IDs say they are.

[mimmelit]

Originally Posted by Ozark_Sophist

A notary just documents that the individuals who sign the document are who their IDs say they are.

so it is necessary going to a notary to have them certified we are who we are?

[nextwife]

If you don't each consult with your own counsel, a notarized prenup is susceptable to a challenge later.

[Ozark_Sophist]

I have a question. Why do you want to set up a prenuptial agreement? You said your budget is tight. Is that because you have few assets?

[mimmelit]

Originally Posted by Ozark_Sophist

I have a question. Why do you want to set up a prenuptial agreement? You said your budget is tight. Is that because you have few assets?

There are a few reasons.
First - I am originally from Germany.
My parents will hand over their house to me and my brother but at the same time be guaranteed to stay there until the end of their days. So I want the safety that in the case of a divorce the house won't be subject to any "splitting".

Then, in the case of a divorce I'd be probably going back to Europe and since the wages in my field are way higher there.
I want to make sure that I won't have to pay alimony to my ex-husband just based on the simple fact that wages are naturally higher than here.

Reason number 3: my husband to be will bring in a college loan into our marriage. In case the marriage fails I don't want to spend the next years to pay that off.

[nextwife]

Then have him seek counsel before signing the prenup. The inherited house and premarital debt would have been seperate anyway, unless you comingled his assets, or marital assets, credit into the property after marriage.

BTW: Child custody/child support issues in a prenup would be unenforcable. The court would make it's own determination on custody, the prenup cannot control that. If you have a child, be prepared that a court may restrict either of you from relocating that child outside the US.

[mimmelit]

Originally Posted by nextwife

Then have him seek counsel before signing the prenup. The inherited house and premarital debt would have been seperate anyway, unless you comingled his assets, or marital assets, credit into the property after marriage.

So even if my parents would give me the house after we are married it is still my asset and will not be considered for "splitting"?

Originally Posted by nextwife

BTW: Child custody/child support issues in a prenup would be unenforcable. The court would make it's own determination on custody, the prenup cannot control that. If you have a child, be prepared that a court may restrict either of you from relocating that child outside the US.

This is clear, thanks. I know that a prenuptial does not "apply" to children But thank you for reminding me.

So after all if the pre-maritial debt/asset issue is regulated by state law, we (1) don't really need the prenupt and (2) can I read the state regulation somewhere? I was basically concerned about the asset (my parents) and the debt.

[nextwife]

I'd still get a prenup to address the no-alimony aspect.

The inherited house remains seperate if you do not comingle it. Read up on that. Also, one can very clearly inventory all premarital assets and debts in a prenup, for clarity. Then there cannot later be claims of "we bought this together...." My prenup lists the share and value composition of all my retirement, savings, and mutual funds brought into the marriage and the account numbers. After marriage, I contributed into different account numbers, so no claim can ever be made that I comingled marital funds into them.