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  1. #11
    Join Date
    Jul 2015
    Posts
    5

    Default Re: Creating a Postnuptial Agreement in Anticipation of Divorce

    Would it be unethical then for an atty to draft a postnup and charge $$ for it , and know it's not going to stand up ?

    - - - Updated - - -

    Also I'm not a big wig trying to dump thousands into accounts or anything , just trying to preserve my monthly savings INCASE something were to falter . So avoiding the interpersonals of the relationship . Would a postnup signed two years into marriage , standup ten years from now ? Five years from now ? And if not , why not ? Thanks for having the patience to bear with my ranting. :-)

  2. #12
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Creating a Postnuptial Agreement in Anticipation of Divorce

    Not unethical. Though it'd be perhaps shoddy if you asked the question directly and the attorney then lied...

    Get comfy, and start reading! https://www.bestlawyers.com/Download...les/2537_1.pdf

  3. #13
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Creating a Postnuptial Agreement in Anticipation of Divorce

    Quote Quoting upstateny86
    View Post
    Would it be unethical then for an atty to draft a postnup and charge $$ for it , and know it's not going to stand up ?

    - - - Updated - - -

    Also I'm not a big wig trying to dump thousands into accounts or anything , just trying to preserve my monthly savings INCASE something were to falter . So avoiding the interpersonals of the relationship . Would a postnup signed two years into marriage , standup ten years from now ? Five years from now ? And if not , why not ? Thanks for having the patience to bear with my ranting. :-)
    What I think that you need to do is find someone, a counselor, a pastor, a long time family friend, to have some conversations with. Someone that you truly trust to give you advice from a neutral perspective.

    Do you realize how you are coming off? Your wife of two years is pregnant with your child and you are contemplating divorcing her if she will not sign a post nuptial agreeing to handle family finances exactly as you want them handled. You need to be absolutely certain that you actually are prepared to be divorced before you go that route. You also need to be absolutely certain that your way of handling the family finances really IS reasonable.

    I also suggest that you completely and totally stop speaking to attorneys or anyone like that until after your child is born. You may see your perspective shift dramatically.

  4. #14
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Creating a Postnuptial Agreement in Anticipation of Divorce

    Y'know, I think he should speak to some attorneys.

    It would be fairer to Mom in all honesty.

  5. #15
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Creating a Postnuptial Agreement in Anticipation of Divorce

    Quote Quoting Dogmatique
    View Post
    Y'know, I think he should speak to some attorneys.

    It would be fairer to Mom in all honesty.
    He has already talked to an attorney who apparently thinks he should file for divorce immediately. However, I agree that talking to some more might not be a bad idea.

    However, I am not sure that he actually wants a divorce. I get the impression that he is freaking out because his wife doesn't agree with his life plan...when she is just about to give birth...and/or he is freaking out about divorce when his wife is in the most hormonal stage of a pregnancy.

    Hence my suggestion that he speak to neutral people who might assist him in figuring out what he really wants.

  6. #16
    Join Date
    Jul 2015
    Posts
    6

    Default Re: Creating a Postnuptial Agreement in Anticipation of Divorce

    Why get a divorce? Why post nup?

    Did she cheat with another man? Was there a heavy case of financial infidelity on her part?

    I don't know your story, why you are considering divorce..

    Could seeing a counselor as a couple be a good step for you guys?

    Everybody single person I know would benefit from learning better communication / other good coping tools..

    Have you been to a counselor( as a couple) who is an expert in finances?

    Have you discussed in depth your mutual goals, ways to reach those financial goals.

    Most importantly DO YOU STILL LOVE EACH OTHER ?

    It is definitely not a bad idea to have separate credit, no joint credit whatsoever..

    Each of you should have at least one separate banking account..

    It is an excellent idea to be logistically prepared to walk away from a marriage immediately, to be able to survive on your own comfortably without her help financially..

    With that said, why not find ways to work as a team if you two still love each other..

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