Postnuptial agreement

[Just Blue]

You haven’t met my wife. She’s certainly no angel. Anyway I did suggest we’ll look into attorneys now as that’s what the consensus is; that’s why I was here, to gather a consensus.

The reason for originally being hesitant about going the attorney route is twofold, 1) thought maybe it wasn’t necessary, but looks like the consensus is it is, so fine, 2) I though there was a chance her attorney would try to get her to claw her way into the portion of my assets that by state law she originally wouldn’t have been entitled to, like premarital stuff.

But like I said as long as my premarital assets and ideally real estate (which she lives in but neither purchased nor co-owns) are protected I should be fine.

Thanks for the responses.

sigh...

Stop wasting your money on this postnup crap...Based on the lack of respect and complete disdain you have exhibited toward your wife...just hire a divorce attorney and get it over with. She will be entitled to 1/2 the marital assets and 1/2 the marital debt.

 

[c.m]

sigh...

Stop wasting your money on this postnup crap...Based on the lack of respect and complete disdain you have exhibited toward your wife...just hire a divorce attorney and get it over with. She will be entitled to 1/2 the marital assets and 1/2 the marital debt.

You’re kinda dragging this off-topic here but I think your comments are a bit premature without having met my wife. Without going into too much detail, she’s made enemies out of her employers, parents, multiple landlords, etc. She’s tried to get people into legal trouble over nothing including her ex, while committing many... “questionable” activites herself, has premarital debts and issues I only discovered later I want nothing to be a part of. But to be fair she’s done a lot of growing up since she’s met and lived with me; she’s a different person now, so I’m happy to give her her fair share. Tbh if a divorce were to be as smooth sailing as 1/2 marital assets and 1/2 marital debt, I’d be happy to skip a postnup. I just hope there’s no secret post-marriage debt or other financial issue she’s accumulated on her own part although I guess I wouldn’t necessarily be responsible for it if she didn’t bring it to my awareness.

 

[stealth2]

sigh...

Stop wasting your money on this postnup crap...Based on the lack of respect and complete disdain you have exhibited toward your wife...just hire a divorce attorney and get it over with. She will be entitled to 1/2 the marital assets and 1/2 the marital debt.

I think what stinks in Denmark is a pig.

 

[stealth2]

You’re kinda dragging this off-topic here but I think your comments are a bit premature without having met my wife. Without going into too much detail, she’s made enemies out of her employers, parents, multiple landlords, etc. She’s tried to get people into legal trouble over nothing including her ex, while committing many... “questionable” activites herself, has premarital debts and issues I only discovered later I want nothing to be a part of. But to be fair she’s done a lot of growing up since she’s met and lived with me; she’s a different person now, so I’m happy to give her her fair share. Tbh if a divorce were to be as smooth sailing as 1/2 marital assets and 1/2 marital debt, I’d be happy to skip a postnup. I just hope there’s no secret post-marriage debt or other financial issue she’s accumulated on her own part although I guess I wouldn’t necessarily be responsible for it if she didn’t bring it to my awareness.

Oooooooooh, so nice that you brought her up well. <barf>

 

[PayrollHRGuy]

You are clearly planing a divorce at some time in the future. There is very little chance a court would enforce a prenup that is being entered into under the circumstances unless both parties are represented. It would be no different than not allowing one party to be represented in a divorce.

 

[Just Blue]

I think what stinks in Denmark is a pig.

Stealth...Please, don't insult the poor Danish piggy's. What really stinks is a rat... that is swimming around in the filthy sewers of deception and greed.


ETA: The ^ melodramatic posting is dedicated to @cbg...our resident author.

 

[c.m]

Not planning divorce, she brings it up way more than me so I’m thinking she may try something and I need to prepare for it. If anyone is being bamboozled it’s likely me based on her history and as she’s getting way more out of this marriage than I am. Didn’t mention the green card and affidavit of support but there’s that too. I know that her former version would take the opportunity to rob me of all of the assets she can if she could, so just in case that devil child is still somewhere in there, I need to take precaution. Didn’t expect the trolling and off-topic banter to be prevalent here, somewhat undermines credibility of the authors’ opinions, but thanks to those who provided serious comments without straying. Needless to say I’ve taken the suggestion of seeking legal representation into serious consideration. If there are no additional (serious) suggestions besides that then thanks, I’ll move onto the next phase.

 

[Just Blue]

Not planning divorce, she brings it up way more than me so I’m thinking she may try something and I need to prepare for it. If anyone is being bamboozled it’s likely me based on her history and as she’s getting way more out of this marriage than I am. Didn’t mention the green card and affidavit of support but there’s that too. I know that her former version would take the opportunity to rob me of all of the assets she can if she could, so just in case that devil child is still somewhere in there, I need to take precaution. Didn’t expect the trolling and off-topic banter to be prevalent here, somewhat undermines credibility of the authors’ opinions, but thanks to those who provided serious comments without straying. Needless to say I’ve taken the suggestion of seeking legal representation into serious consideration. If there are no additional (serious) suggestions besides that then thanks, I’ll move onto the next phase.

Like the excellent advice given to you from the Volunteers of this site, the "trolling" and off topic banter is free. You're Welcome.

 

[not2cleverRed]

You’re kinda dragging this off-topic here but I think your comments are a bit premature without having met my wife. Without going into too much detail, she’s made enemies out of her employers, parents, multiple landlords, etc. She’s tried to get people into legal trouble over nothing including her ex, while committing many... “questionable” activites herself, has premarital debts and issues I only discovered later I want nothing to be a part of. But to be fair she’s done a lot of growing up since she’s met and lived with me; she’s a different person now, so I’m happy to give her her fair share. Tbh if a divorce were to be as smooth sailing as 1/2 marital assets and 1/2 marital debt, I’d be happy to skip a postnup. I just hope there’s no secret post-marriage debt or other financial issue she’s accumulated on her own part although I guess I wouldn’t necessarily be responsible for it if she didn’t bring it to my awareness.

Smh. This does not sound like someone you respect.

I think you really need to meet with a lawyer - one that specializes in Family Law and Divorce. Such a lawyer could explain to you the difference between separate assets and shared assets, and what you have to do, legally to maintain separate property separate. Yes, New York is an equitable distribution state, but 1) only marital assets/debts are affected by that and 2) "equitable" does not always mean "equal".

Please tell us you are not planning on creating children with this woman.

 

[HighwayMan]

Tbh if a divorce were to be as smooth sailing as 1/2 marital assets and 1/2 marital debt, I’d be happy to skip a postnup.

So why do you think it would be any different?

 

[bcr229]

Please tell us you are not planning on creating children with this woman.

Bear in mind too that child support goes to 21 in NY.

Been married 18 years, the big "D" word has never been uttered by either me or my husband and we've had our share of ups and downs. You need to re-evaluate your relationship with this woman.

 

[justalayman]

The very fact that you are so reluctant for your wife to have her own attorney... who will insure her interests aren't trampled upon...makes me wish your wife will find this site.

Actually, that is the very thing that will give his wife a valid shot at tossing the agreement


If they get divorced of course


Which sounds like a probability based on the op.

 

[justalayman]

So, the next time you contemplate marriage you might want to tie the knot with somebody you’ve known more than one night. There is no way you wouldn’t be aware of her personal traits, especially as extreme as they are, if you had known this woman more than an extremely short time.


So, what happens if she just refuses to sign the agreement?

 

[LdiJ]

You haven’t met my wife. She’s certainly no angel. Anyway I did suggest we’ll look into attorneys now as that’s what the consensus is; that’s why I was here, to gather a consensus.

The reason for originally being hesitant about going the attorney route is twofold, 1) thought maybe it wasn’t necessary, but looks like the consensus is it is, so fine, 2) I though there was a chance her attorney would try to get her to claw her way into the portion of my assets that by state law she originally wouldn’t have been entitled to, like premarital stuff.

But like I said as long as my premarital assets and ideally real estate (which she lives in but neither purchased nor co-owns) are protected I should be fine.

Thanks for the responses.

The whole point of her having her own attorney is to protect her. So yes, its possible that her attorney will try to talk her into not agreeing with whatever you are proposing as the agreement. You can choose to forego an attorney yourself, but if you want the agreement to hold up in the long term then SHE absolutely must have her own separate attorney that works only for her.

 

[LdiJ]

Not planning divorce, she brings it up way more than me so I’m thinking she may try something and I need to prepare for it. If anyone is being bamboozled it’s likely me based on her history and as she’s getting way more out of this marriage than I am. Didn’t mention the green card and affidavit of support but there’s that too. I know that her former version would take the opportunity to rob me of all of the assets she can if she could, so just in case that devil child is still somewhere in there, I need to take precaution. Didn’t expect the trolling and off-topic banter to be prevalent here, somewhat undermines credibility of the authors’ opinions, but thanks to those who provided serious comments without straying. Needless to say I’ve taken the suggestion of seeking legal representation into serious consideration. If there are no additional (serious) suggestions besides that then thanks, I’ll move onto the next phase.

OK, that Affidavit of Support is going to impact any post nup. She cannot agree to you foregoing your responsibilities under the Affidavit of Support. Under the Affidavit of support you must provide support to her at 125% of the federal poverty rate until one of the following things happens:

Her death
She becomes a US citizen
She works 40 quarters in the US (10 years of full time employment or possibly longer period)
She permanently leaves the US

The affidavit of support is not a contract between you and her, it's a contract between you and the US government. The US government doesn't care if you get a divorce, you remain obligated. You might want to make sure that you help her get her citizenship as soon as she is eligible.