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Post Nuptual Agreement

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YCntWeJstGtAlng

Junior Member
What is the name of your state? INDIANA

Hello All,
A friend asked me to post a question. If he has a formal agreement drawn up while in the initial phases of separation from spouse aimed at protecting his newly launched biz from division later in divorce proceedings and the soon-to-be Ex signs, what are the chances the agreement will be honored in divorce court. The s-t-b Ex has not contributed anything to the establishment or growth of biz. Furthermore, the Ex is balking at taking the 1st formal step of filing for legal separation. She cannot seem to make up her mind: doesn't want him in the house nor does she want to begin filing. His concern is the rapid growth of biz built solely on his efforts. It appears Indiana requires a 6 month minimum trial separation before any party can file for a waiver of the 2 yr legal separation???!?!?

Thanks for your time & attention,
YCant
 


Silverplum

Senior Member
YCntWeJstGtAlng said:
What is the name of your state? INDIANA

Hello All,
A friend asked me to post a question. If he has a formal agreement drawn up while in the initial phases of separation from spouse aimed at protecting his newly launched biz from division later in divorce proceedings and the soon-to-be Ex signs, what are the chances the agreement will be honored in divorce court. The s-t-b Ex has not contributed anything to the establishment or growth of biz. Furthermore, the Ex is balking at taking the 1st formal step of filing for legal separation. She cannot seem to make up her mind: doesn't want him in the house nor does she want to begin filing. His concern is the rapid growth of biz built solely on his efforts. It appears Indiana requires a 6 month minimum trial separation before any party can file for a waiver of the 2 yr legal separation???!?!?

Thanks for your time & attention,
YCant
You will probably receive valid legal info from other posters, but I have to ask you to ask your "friend" this:
What intelligent, reasonable person would sign a post-nup that screws them? :rolleyes:
 

seniorjudge

Senior Member
YCntWeJstGtAlng said:
What is the name of your state? INDIANA

Hello All,
A friend asked me to post a question. If he has a formal agreement drawn up while in the initial phases of separation from spouse aimed at protecting his newly launched biz from division later in divorce proceedings and the soon-to-be Ex signs, what are the chances the agreement will be honored in divorce court. The s-t-b Ex has not contributed anything to the establishment or growth of biz. Furthermore, the Ex is balking at taking the 1st formal step of filing for legal separation. She cannot seem to make up her mind: doesn't want him in the house nor does she want to begin filing. His concern is the rapid growth of biz built solely on his efforts. It appears Indiana requires a 6 month minimum trial separation before any party can file for a waiver of the 2 yr legal separation???!?!?

Thanks for your time & attention,
YCant
Q: If he has a formal agreement drawn up while in the initial phases of separation from spouse aimed at protecting his newly launched biz from division later in divorce proceedings and the soon-to-be Ex signs, what are the chances the agreement will be honored in divorce court.

A: Zero if stbx did not have an independent attorney representing her.
 

LdiJ

Senior Member
YCntWeJstGtAlng said:
What is the name of your state? INDIANA

Hello All,
A friend asked me to post a question. If he has a formal agreement drawn up while in the initial phases of separation from spouse aimed at protecting his newly launched biz from division later in divorce proceedings and the soon-to-be Ex signs, what are the chances the agreement will be honored in divorce court. The s-t-b Ex has not contributed anything to the establishment or growth of biz. Furthermore, the Ex is balking at taking the 1st formal step of filing for legal separation. She cannot seem to make up her mind: doesn't want him in the house nor does she want to begin filing. His concern is the rapid growth of biz built solely on his efforts. It appears Indiana requires a 6 month minimum trial separation before any party can file for a waiver of the 2 yr legal separation???!?!?

Thanks for your time & attention,
YCant
Where did you get the information that Indiana requires a 6 months trial separation OR a two year legal separation??? Neither is the case. Your friend can file for divorce immediately if that is what he wants to do.
 

Bali Hai

Senior Member
LdiJ said:
Where did you get the information that Indiana requires a 6 months trial separation OR a two year legal separation??? Neither is the case. Your friend can file for divorce immediately if that is what he wants to do.
And dissolve the "newly launched biz" prior to filing.
 

LdiJ

Senior Member
Bali Hai said:
And dissolve the "newly launched biz" prior to filing.
That may be cutting off his nose to spite his face if the business is successful. That is as dumb as an ncp quitting their job to avoid child support.
 

Bali Hai

Senior Member
LdiJ said:
That may be cutting off his nose to spite his face if the business is successful. That is as dumb as an ncp quitting their job to avoid child support.
But this isn't about "child support". If it was, I agree.
 

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