What is the name of your state? CA
I know that my best bet will be to consult with a local attorney but before I go to someone nearby, I'd like to know what I'm dealing with and my research thus far has been all at the request of cash ("buy these documents!!").
I ask because I am considering marriage to my best friend. We have known each other for many years, he is here on a student visa and as an asylee, we are inseparable and usually handle each other's business when our own abilities fall short of what's needed. Basically the marriage would benefit us both greatly, and it would cement our relationship since neither of us is going anywhere anyway.
The thing of it is though, that we both have our (comparably small) assets and debts (both students). We would like to have a pre-marital agreement that basically says that anything we had before the marriage is not community property, that things acquired within the marriage are the same with the exception of things that we specifically both put our names on, like a house, car or loan. Those things would be 50/50 split in the event of a divorce. Since neither of us have anything really substantial, what sorts of things need to be listed on the prenup? Do things like "parrot," "desk," and "laptop" show up on these lists or is that just rediculous? I think that we will continue to live separately (though maybe not) but we will be keeping our finances separate. Could these things escape the community property laws as well, having both agreed to a stipulation that says as much? If we lived together, we would most likely have a joint account for household expenses, and I would expect this to be split 50/50 as well.
With two reasonable adults, under no stress of deportation or shot-gun wedding or whatever duress, could this be a reasonable contract that we have verified by legal representatives to be equally fair to both parties? Could this be later squeeked out of if by some chance if things were to turn south? I'm hoping for a no... I'm not asking to twist this to my benefit later.
Many thanks to anyone who can shed light on this for me.
Gryn
I know that my best bet will be to consult with a local attorney but before I go to someone nearby, I'd like to know what I'm dealing with and my research thus far has been all at the request of cash ("buy these documents!!").
I ask because I am considering marriage to my best friend. We have known each other for many years, he is here on a student visa and as an asylee, we are inseparable and usually handle each other's business when our own abilities fall short of what's needed. Basically the marriage would benefit us both greatly, and it would cement our relationship since neither of us is going anywhere anyway.
The thing of it is though, that we both have our (comparably small) assets and debts (both students). We would like to have a pre-marital agreement that basically says that anything we had before the marriage is not community property, that things acquired within the marriage are the same with the exception of things that we specifically both put our names on, like a house, car or loan. Those things would be 50/50 split in the event of a divorce. Since neither of us have anything really substantial, what sorts of things need to be listed on the prenup? Do things like "parrot," "desk," and "laptop" show up on these lists or is that just rediculous? I think that we will continue to live separately (though maybe not) but we will be keeping our finances separate. Could these things escape the community property laws as well, having both agreed to a stipulation that says as much? If we lived together, we would most likely have a joint account for household expenses, and I would expect this to be split 50/50 as well.
With two reasonable adults, under no stress of deportation or shot-gun wedding or whatever duress, could this be a reasonable contract that we have verified by legal representatives to be equally fair to both parties? Could this be later squeeked out of if by some chance if things were to turn south? I'm hoping for a no... I'm not asking to twist this to my benefit later.
Many thanks to anyone who can shed light on this for me.
Gryn
