Laws pertaining to this question can be from any U.S. state, but direct relevance to New Jersey law would be appreciated.
2006-07-20 16:18:30 · 7 answers · asked by R M 1 in Politics & Government ➔ Law & Ethics
Who wants the prenup?
It is not so great if the spouse can prove the other supported them through the course of the marriage. A spouse is expected to continue to do so.
A prenup is a false guarantee that you have a get out of jail free card, I think it might be better to opt out of a prenup kind of marriage. There is no room for trust there. It is contractual. Why enter one contract, to be bound as one and to care for each other for richer and poorer, and then say, as long as the spouse gets no pension... Not very romantic, nor loving.
Would you admit to the prenup as publicly as the vows are? Wow. I am at a loss to explain how sad this question makes me for you.
2006-07-20 16:26:44 · answer #1 · answered by nik named mom 5 · 0⤊ 0⤋
no. the pre-nup must be valid -- some pre-nup agreements won't hold up during a divorce -- and probably can't bind your ex with respect to pension rights you earn during the marriage. federal law generally protects a spouse's rights to share in a pension earned during the marriage. if this is a "live" problem, you really ought to talk to a New Jersey lawyer. contact your local bar association if you need help finding one.
good luck!
2006-07-20 16:29:22 · answer #2 · answered by paul w 2 · 0⤊ 0⤋
prenupts also called ANTI NUPTIALs cause they go against state law. You can only write one for a term of some years, the more years the less likely a court will enforce. Once it expires, back to state law including your pension.
2006-07-20 18:41:15 · answer #3 · answered by frankie59 4 · 0⤊ 0⤋
A prenuptial agreement is a contract - can contracts be broken? That's your answer.
2006-07-20 16:25:58 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes if such a provision is made in the agreement.
2006-07-20 16:20:57 · answer #5 · answered by tyler_shay4 2 · 0⤊ 0⤋
Get free legal advice from a lawyer in your state. If you need all that, why marry?
2006-07-20 16:22:50 · answer #6 · answered by the Goddess Angel 5 · 0⤊ 0⤋
No. I had one and got anything I wanted. A lot depends on how long you're married and what you have.
2006-07-20 16:21:11 · answer #7 · answered by Anonymous · 0⤊ 0⤋