Questions and Professional Answers

• I need Prenuptial Agreement

  I live in US and she living in outside US ( she is not US citizen). I need Prenuptial Agreement in US. How can I do this in US she is not present? Can I get Prenuptial Agreement in foreign country?Is foreign Prenuptial Agreement is exceptable by US court?

• Prenuptial Agreement

  Is it necessary to have an attorney if we want to make a prenuptial agreement? Can my fiance and I draw up an agreement ourselves? Will it be considered a valid prenuptial agreement if we design it to be fair to both of us?

  • Re: Prenuptial Agreement

    Of course you can do it yourself. If you two ever have a problem and it doesn't hold up, you have no one to blame but yourselves. William S. Stern

    William Stern
    William Stern, P.C.
    24750 Lahser Road
    Southfield, MI 48033

  • Re: Prenuptial Agreement

    In Michigan, you must each have your own attorney in order to have an enforceable prenuptial agreement.

    Rochelle Guznack
    Law Offices of Rochelle E. Guznack, PLLC
    16325 Homer
    Plymouth, MI 48170

• Prenuptial Agreement & Divorce

  My friend is going through a divorce. He has been married for nearly 2 years. Both he and his wife signed a prenuptial agreement before getting married. The prenuptial agreement indicated that if they divorced, she wouldn't pursue alamony or otherwise seek some form of recompense. Now that the divorce is in motion, she is pursuing alamony with her attourney. Does the prenuptial agreement have any bearing in this scenario.Please feel free to ask for more detail as I'm not experiencing this event first hand.

  • Re: Prenuptial Agreement & Divorce

    Of course it has bearing, however it's application is not automatic, it can be challenged on a number of grounds. Your friend needs to hire an attorney, without one, the likelihood of of the prenup being thrown out increases dramatically.My rates are very reasonable and I'm available for a free consultation.

    Samuel Lovely
    Law Office of Samuel Lovely
    451 W. Bonita Ave., Suite 9
    San Dimas, CA 91773

  • Reply: Prenuptial Agreement & Divorce

    In a general sense, it depends upon how well written the underlying prenuptial agreement is, and whether or not it conforms to the requirements of the family code. For a specific opinion regarding your friends individual circumstances, I suggest that your friend consult with an experienced family law lawyer and have the underlying written agreement reviewed. Experience is not expensive, it's priceless!You and your friend will find some valuable information on various California family law issues by visiting my web site.Good luck to you!Brian Levy, Esq.www.calattorney.com

    Brian Levy, Esq.
    Law Office of Brian Don Levy
    908 S. Village Oaks Drive Suite 200
    Covina, CA 91724-3676

• Prenuptual Agreement; lack of

  My father recently re-wed last weekend over Vegas. He established no prenuptial agreement with his new bride. Previously he has only known her for 6 months prior to marriage. I was wondering, if they divorced within the span of 1 year; with no prenuptial agreemet, what would the spouse be entitled to?Another question I have is that is there any way for him to safeguard his assets, now that he is married and w/o a prenuptial agreement?

  • Re: Prenuptual Agreement; lack of

    She would be entitled to one half of the community property. That is wages that he earns during that time and possibley other property. However, if he gives her any property that could be her separate property. He should consider establishing a bank account in which he deposits his income and other community property money received during the marriage. However, there is little that you can do to reduce the damages.

    Lyle Johnson
    Lyle W. Johnson Attorney at Law
    152 N. Third Street, Suite 510
    San Jose, CA 95112

• Prenuptial Agreement

  In 2002 my to-be wife and I entered into a prenuptial agremeent. We drew it up personally without the advice of a lawyer and both signed and dated it had it notarized. We are now living in Canada and are about to divorce. Is that prenuptial agreement considered to be valid and enforceable under Ohio law?

  • Re: Prenuptial Agreement

    If the pre-nup states that the laws of Ohio apply, then it should be enforceable in Ohio.

    Nancy Fioritto Patete
    Nancy Fioritto Patete, L.P.A.
    PO Box 24387
    Mayfield Heights, OH 44124

• Prenuptial

  I have used a Texas Prenuptial Agreement from findlegalforms.com and I am in the process of getting a divorce.My wife's attoeney is trying to say that this form of Prenuptial is not valid. Do you believe this is true?

  • Re: Prenuptial

    Did you use a lawyer for the preparation and completion of the form? If not, good chance some or all of it is invalid. In light of your circumstances, would now be a good time to obtain the services of legal counsel for yourself?

    James Grissom
    Law Office of James P. Grissom
    3507 West Alberta Rd.
    Edinburg,, TX 78539

• Is there any way to get a Prenuptial agreement thrown out in Louisiana

  My husband and I have been married for 25 years. Before we got married within 24 to 48 hours I signed a prenuptial agreement. In the prenuptial agreement all properties are separate moveable or immoveable whether before marriage or during marriage, and also we are not responsible for each other debts. Now we are getting divorced and he just received his retirement and I thought I was entitled to half. I did not know that signing the prenuptial agreement would have affected the retirement, because they only informed me that it was for the property that he owned before the marriage. Is there any way to get the prenuptial agreement thrown out in Louisiana being that I did not clearly understand the document, was not represented by and attorney and he was, and I signed it within such a short period of time? Also my credit has been ruined because of him. He’s started several business and they did not work so we had to file bankruptcy 3 times, so there is no community property any way. Is it possible for him to just walk away smelling like a rose leaving me with nothing?

  • Re: Is there any way to get a Prenuptial agreement thrown out in Louisiana

    You need to find a lawyer who really specializes in community property law. I'm not optomistic for your chances but other lawyers might know more than I do.

    Andrew Casanave
    Andrew M. Casanave
    P.O. Box 641
    Lake Charles, LA 70601

• Prenuptial Agreement Created Without Attourney

  My friend used an online template to create a prenuptial agreement and then printed it. Both spouses signed the agreement with a notary. However, an attourney was not involved in the drafting or signing of the agreement.Is this agreement valid and enforcable? If not, can the agreement have any effect on a legal divorce?

  • Re: Prenuptial Agreement Created Without Attourney

    Any waiver of spousal support is invalid if the waiving party was unrepresented. The balance of the agreement may or may not be valid, depending upon the circumstances. You need to consult with an attorney. I offer free consultations and my rates are very reasonable.

    Samuel Lovely
    Law Office of Samuel Lovely
    451 W. Bonita Ave., Suite 9
    San Dimas, CA 91773

  • Reply: Prenuptial Agreement Created Without Attourney

    In a general sense, using an online template for something as important as a prenuptial agreeemnt is not a good idea. To determine if the agreement is valid and complies with the California Family Code and cases, it would have to be reviewed by an experienced family law lawyer.For a specific opinion regarding your friend's individual circumstances, I suggest that your friend consult with an experienced family law lawyer. Experience is not expensive, it's priceless!You and your friend will find some valuable information on various California family law issues by visiting my web site.Good luck to you!Brian Levy, Esq.www.calattorney.com

    Brian Levy, Esq.
    Law Office of Brian Don Levy
    908 S. Village Oaks Drive Suite 200
    Covina, CA 91724-3676

• prenuptial agreement

  I read a Warning on a Prenuptial Agreement Form as follows: ''Califonia has very specific requirements concerning (premarital) agreements, disclosures and warnings which must be served prior to signing a prenuptial agreement, and concerning their proper execution. Simply signing the agreement below will not comply with California law.''What are the specific requirements I need to adhere to if I want to do my own pre-nup? Is it possible for me to do my own? What do I need to know to have it be properly executed and be properly protected? The only separate property I have is my house.

  • Re: prenuptial agreement

    If you wish to have something that you can confidently rely upon in a dissolution, then you should hire an attorney to draft an agreement that is at the state of the art in the current law. Contact me directly for assistance.

    OCEAN BEACH ASSOCIATES
    OCEAN BEACH ASSOCIATES
    2185 Sunset Cliffs Blvd.
    San Diego, CA 92107

• is a prenuptial agreement permanent

  If a prenuptial agreement was signed the day before a wedding by both parties is that agreement firm or can it be made invalid and how?

  • Re: is a prenuptial agreement permanent

    The date is immaterial. It could have been signed one day, one month or one year prior to the wedding, and if is otherwise valid, the date has no bearing.

    Charles W. Field
    Charles W. Field, Attorney at Law
    911 Duluth Hwy., Ste. D-3211
    Lawrenceville (north Atlanta), GA 30043

  • Re: is a prenuptial agreement permanent

    There's nothing about the date that would make it invalid. Assuming it's properly drawn and executed, and a lawyer would have to read it to know that, it would be valid.

    Glen Ashman
    Ashman Law Office
    2791 Main Street
    East Point (metro Atlanta), GA 30344