Sandyyy said:
I have been with a gentleman for about 9 months now and I care about him very much. He is not legal in this country. He and I have decided to get married, even though I really do not want to marry again. Financially I am much better off than he is. I told him, and he has agreed, that if I want to divorce that he will divorce me with no questions asked. Is this something that will stand up legally in a prenuptual agreement?
My response:
Hard to say. While a prenuptual agreement is entered into for the occassion of a divorce, it may not be valid into "how" a divorce is conducted.
The law favors marriage, and upholding the rights of the marriage, which includes Due Process and a person's "day in court" to be heard on specific issues.
However, on the other side of the coin, one spouse cannot stop the other from filing for, or completing, a dissolution of the marriage - no matter what is stated in a prenuptual agreement. Therefore, he wouldn't have any "say-so" anyway in terms of whether or not there would be a divorce.
I think what you're saying, however, is that once a dissolution of the marriage is filed, he should give up any claims or defenses that he might otherwise have; e.g., children, property, bank accounts, etc. In that regard, I don't believe it would be valid.
If this is going to be a "marriage of convenience", you may run afoul of the Immigration and Naturalization Service. Think long and hard about this matter before you do anything; and, that includes seeing a Family Law attorney.
Excellent question.
IAAL
