Prenuptial Agreement

[Girl from Celebes 588]

50% of all marriages fail... Knowing that Staggering Statistic wouldnt you want to protect yourself and your loved one ?

PRENUPTIALS are not for everyone. They are not a solve all agreement. I just know I will sleep much better at knowing my future will be good no matter what happens in life.

On that part, I agreed with that.. Speaking about statistic I can't argue a lot because I've never been in US yet or read the independent research talk about it. Like I said, to each their own.

[vacrimefighter 10]

Premarital agreements executed on or after January 1, 1986 are subject to the Uniform Premarital Agreement Act.

The key is {full disclosure} and setting enough time aside for the both of you to sign - months prior to the wedding.

First and foremost, the UPAA places the burden of proof upon the challenger of the agreement to show involuntariness in the execution as well as unconscionability and lack of disclosure and lack of knowledge of the other’s financial circumstances. Currently, the burden is on the challenger to prove the existence of fraud, duress, overreaching, etc., or failing to prove that the agreement is unreasonable on its face.

[I AM NOT THAT GUY 5,715]

The UPAA has been adopted by 27 states (Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas, Utah, Virginia, and Wisconsin)

The UPAA has been introduced in 2009 and not yet adopted in these states (Mississippi, Missouri, South Carolina, and West Virginia)

http://en.wikipedia.org/wiki/Uniform_Premarital_Agreement_Act

Definition of 'Uniform Premarital Agreement Act'

A regulation that allows the parties of a premarital contract to choose the state's jurisdiction under which their contract will fall. A couple can choose any state in which one of the parties lives or plans to live or the state in which the couple will be married. Because this act has not been passed in all states, parties to a prenuptial contract are also limited to choosing only the states that have passed the Uniform Premarital Agreement Act.

Read more: http://www.investopedia.com/terms/u/upaa.asp#ixzz1gklJNpjV

Edited December 17, 2011 by Crusty Old Perv

[vacrimefighter 10]

I agree DIFFERENT world and different cultures. DIFFERENT VALUES, that is what I fell in love with my current bride to be. Some People in the USA has lost their morle compass "To have and to hold, from this day forward, for better, for worse, for richer, for poorer, in sickness or in health, to love and to cherish 'till death do us part."

On that part, I agreed with that.. Speaking about statistic I can't argue a lot because I've never been in US yet or read the independent research talk about it. Like I said, to each their own.

[I AM NOT THAT GUY 5,715]

1615. (a) A premarital agreement is not enforceable if the party

against whom enforcement is sought proves either of the following:

(1) That party did not execute the agreement voluntarily.

(2) The agreement was unconscionable when it was executed and,

before execution of the agreement, all of the following applied to

that party:

(A) That party was not provided a fair, reasonable, and full

disclosure of the property or financial obligations of the other

party.

(B) That party did not voluntarily and expressly waive, in

writing, any right to disclosure of the property or financial

obligations of the other party beyond the disclosure provided.

© That party did not have, or reasonably could not have had, an

adequate knowledge of the property or financial obligations of the

other party.

(b) An issue of unconscionability of a premarital agreement shall

be decided by the court as a matter of law.

© For the purposes of subdivision (a), it shall be deemed that a

premarital agreement was not executed voluntarily unless the court

finds in writing or on the record all of the following:

(1) The party against whom enforcement is sought was represented

by independent legal counsel at the time of signing the agreement or,

after being advised to seek independent legal counsel, expressly

waived, in a separate writing, representation by independent legal

counsel.

(2) The party against whom enforcement is sought had not less than

seven calendar days between the time that party was first presented

with the agreement and advised to seek independent legal counsel and

the time the agreement was signed.

(3) The party against whom enforcement is sought, if unrepresented

by legal counsel, was fully informed of the terms and basic effect

of the agreement as well as the rights and obligations he or she was

giving up by signing the agreement, and was proficient in the

language in which the explanation of the party's rights was conducted

and in which the agreement was written. The explanation of the

rights and obligations relinquished shall be memorialized in writing

and delivered to the party prior to signing the agreement. The

unrepresented party shall, on or before the signing of the premarital

agreement, execute a document declaring that he or she received the

information required by this paragraph and indicating who provided

that information.

(4) The agreement and the writings executed pursuant to paragraphs

(1) and (3) were not executed under duress, fraud, or undue

influence, and the parties did not lack capacity to enter into the

agreement.

(5) Any other factors the court deems relevant.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=01001-02000&file=1610-1617

Edited December 17, 2011 by Crusty Old Perv

[vacrimefighter 10]

I do not agree or disagree with you Just like everything in life, there is a right way and a wrong way to do things. If you do all the right things with a prenuptial agreement prior to getting married, you should have no problems "IF" the relationship fails.

Been through a divorce in my 30's now being in my late 40's - I just want to protect my assets the best I can. I DO NOT FORESEE and relationship issues with my future bride. I only see happiness.

The UPAA has been adopted by 27 states (Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas, Utah, Virginia, and Wisconsin)

The UPAA has been introduced in 2009 and not yet adopted in these states (Mississippi, Missouri, South Carolina, and West Virginia)

http://en.wikipedia.org/wiki/Uniform_Premarital_Agreement_Act

Definition of 'Uniform Premarital Agreement Act'

A regulation that allows the parties of a premarital contract to choose the state's jurisdiction under which their contract will fall. A couple can choose any state in which one of the parties lives or plans to live or the state in which the couple will be married. Because this act has not been passed in all states, parties to a prenuptial contract are also limited to choosing only the states that have passed the Uniform Premarital Agreement Act.

Read more: http://www.investopedia.com/terms/u/upaa.asp#ixzz1gklJNpjV

[Girl from Celebes 588]

I agree DIFFERENT world and different cultures. DIFFERENT VALUES, that is what I fell in love with my current bride to be. Some People in the USA has lost their morle compass "To have and to hold, from this day forward, for better, for worse, for richer, for poorer, in sickness or in health, to love and to cherish 'till death do us part."

My fiance told me that too.. I could not agreed more.

[vacrimefighter 10]

This topic is a "HOT TOPIC" for everyone. I was trying to get everyone's view if they had prenuptial agreements with their foreign bride or groom.

There is not a right or wrong answer. This type of an agreement is not for everyone.

I wish everyone happiness and love

[vacrimefighter 10]

I have dated my future bride for over a year, traveled to her at least 12 times over the year. It is still hard to understand someone so loving with different values of life, then what you see everyday in the USA. I really hope she makes me a better person and lets me open up completely...

My fiance told me that too.. I could not agreed more.

[vacrimefighter 10]

I can not speak for that example - But it shows you how a relationship that was "GOOD" enough to spend several thousand dollars to bring someone to the states "NOW" fail...

I do not agree with your logic... Wills, Estate Planning and Prenuptial all serve a purpose. When something happens if your life, your wishes are planned for. PRENUPs should not be look as a negative event. AGAIN PRENUPS are not for everyone.

only its not quite as clear cut as you make out now is it as the guy got a prenup in place but yet his immigrant wife is working to support them both!?!? that is really not a good example to use!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

imo a prenup is just used by someone who doesnt think the marriage is going to work. a prenup is used in place of actually getting to know someone properly

[Tim/Mav 305]

Your contract needs to be in both english and her native language. You must provide her with a separate attorney to review her documents. "without any form of coercion, duress or pressure"

Alot of different opinions about a Prenup. Right or wrong as a decision. ? Who knows....

I was looking for a member to state this and is true. Otherwise, the prenup is not enforceable. Not just the Documents but verbally as well in her language as well before signing this document.

[Leatherneck 693]

I have been through the divorce trenches Estate Planning aka PRENUPTIAL AGREEMENT" just a contract between two people who promise to do the right things !

I too have been through the divorce court gauntlet and had my scalp removed... therfore, I agree with pre-nups.

You call it estate planning, I call it insurance.

[vacrimefighter 10]

Prenuptial agreements are enforceable if done right. {AGREEMENT WHAT IS GOING TO HAPPEN IF THE RELATIONSHIP FAILS} "parties desire to fix and determine various financial relationships that will apply during their marriage and upon the termination of their marriage whether by divorce or otherwise"

WHEREAS, information about each of the parties' assets, liabilities and approximate current income has been exchanged prior to entering into this agreement and summations of said information for each party is contained herein as Schedule A;

WHEREAS, each party has had the opportunity to fully examine the financial disclosures of the other party as summarized in Schedule A;

WHEREAS, each party has had the opportunity to retain their own lawyer and receive independent legal advice regarding the terms of this Agreement;

WHEREAS, each party enters into this agreement freely and under no duress or undue influence upon his or her decision to sign.

Alot of different opinions about a Prenup. Right or wrong as a decision. ? Who knows....

I was looking for a member to state this and is true. Otherwise, the prenup is not enforceable. Not just the Documents but verbally as well in her language as well before signing this document.

[vacrimefighter 10]

Did you get remarried ? In the process of marrying ? I still call it PRENUPS, I was trying to soften the name with estate planning.. WHICH IT IS..

I too have been through the divorce court gauntlet and had my scalp removed... therfore, I agree with pre-nups.

You call it estate planning, I call it insurance.

[Girl from Celebes 588]

It is still hard to understand someone so loving with different values of life, then what you see everyday in the USA.

I do understand your feeling. My fiance and I are both share common things what we want in life. And I've always thinking the reason why he kept looking out to the east because the influence of Kwai Chang Caine character from Kung Fu Series he watched since was a child.

I really hope she makes me a better person and lets me open up completely...

Your heart will never lie and I believe it tells you this is a right woman for you to spend the rest of your life together. All the best to everyone here.