My wife and I have been married for 7 years. We got married in Nevada, and moved here (washington) 3 years ago. Divorce has come up and my wife wants another chance. If I'm going to give her another chance I would like to get something that says if she cheats on me or something, then she doesn't get allamony or something. Just some kind of pre nuptial agreement. Is that possible? How would I go about doing this? Is there any kind of document I can copy online and just have her sign and get it notarized?
2007-02-07 08:50:28 · 27 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Any two adults can make a legally binding contract. It wouldn't be a pre-nuptual agreement exactly, since you are already married, but if you draw up a legally clear document and have it notarized it will hold up in court.
That aside, I find it distressing that you need to do this.
2007-02-07 08:55:00 · answer #1 · answered by fucose_man 5 · 1⤊ 0⤋
A Prenuptial agreement is just what it says, an agreement before the nuptials, meaning before you marry. The best way to get a legally binding contract is to go to an attorney. If you are going to draw up a contract on your own or print one online, be sure it is signed in front of a witness, preferably notarized. No matter what, in most states, a contract after marriage may not be binding above what the normal state laws are for divorce. Best bet is to check with an attorney.
2007-02-07 08:55:35 · answer #2 · answered by Kevin J 4 · 0⤊ 0⤋
I am not an attorney by any stretch of the imagination, but I really don't think after seven years of marriage you can do that. It is most certainly not PRE nuptial the nuptials took place seven years ago. It sounds more like a type of blackmail: "if you screw up again you get nothing." Sign here. I think you are trying to figure out a way to keep your heart safe if she decides to cheat again. I would be willing to bet there is some type of legal document to help you with this, but is that really the answer your looking for???
2007-02-07 09:04:27 · answer #3 · answered by tire chick 4 · 0⤊ 0⤋
Yes, there is something you can do. However, it is not called a prenuptial agreement b/c that can only be entered into prior to marriage.
There is an ANTENUPTIAL agreement, though, which can be executed after marriage. You should adddress financial concerns upon divorce in an antenuptial. However, be cautious proceeding without an attorney.
A number of states will not enforce an antenuptial agreement against the party opposing the agreement if that party (your wife) does not have an attorney. Technically, you should each be represented by your own attorneys (Do not share b/c that raises ethical issues and is a lawsuit waiting to happen).
You can use findlegalforms.com to download an antenuptial agreement; however, like I said, without an attorney, it is subject to scrutiny. Without an attorney, it is more likely to be subject to unconscionability which will not be enforceable (or at least the unconcsionable terms - whatever the courts deem those to be).
2007-02-07 09:17:05 · answer #4 · answered by RJs_Girl82 1 · 0⤊ 0⤋
Sorry, but pre-nuptial means before the marriage takes place. Post-nuptial, maybe, but I have a better idea. If you're afraid enough that she might cheat to get some kind of agreement drawn up, why waste you're time on her at all? Walk away, and find someone you won't need a contract on.
2007-02-07 08:58:48 · answer #5 · answered by a_lot_smarter_now 4 · 0⤊ 0⤋
I would contact an atorney regarding the legalities of such. A prenup is to be written BEFORE you are married. A written, signed and notarized paper signed and notarized in the presence of a notary by BOTH parties involved may or may not stand up in court. All states have different laws regarding such things too.
2007-02-07 09:02:01 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You can get a Post nup like someone already suggested. I have to disagree with one of the responders...just b/c she cheats on you does not mean you can get out of alamony b/c you prove she cheated. If Washington (like Florida where I live) is a "no fault" state, then the only thing that will protect your assets, not your heart is a Post nup. But why stay in a marriage if you don't trust the person? Seems to me like that isn't much of a relationship. Good luck to you both, whatever it is you decide to do.
2007-02-07 08:59:56 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It's called a post nuptual agreement. You can write it up and both of you can sign it and get it notarized. Once notarized, it is legal and binding. Of course, she doesn't have to sign it. And if you try to make her by threatenening divorce, it probably won't stand because she would signed it under duress.
2007-02-07 10:33:23 · answer #8 · answered by Amanda C 2 · 0⤊ 0⤋
Check with a legal aid first & then write one up yourself & have it notarized (if you're BOTH ok with that). Just make sure that there are "vis-a-vers-a" penalties! What's good for the goose should be good for the gander. Besides, the last 7 years you have to split 50-50.
2007-02-07 09:00:44 · answer #9 · answered by Pattie B 1 · 0⤊ 0⤋
you allmay be able to sit down and come up with some type of agreement and have it notarized. Once it is Notarized it will become a binding Contract
2007-02-07 08:53:52 · answer #10 · answered by madtyga2002 4 · 2⤊ 0⤋