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  1. #1

    Default Asset Disclosure to the Attorney

    My question involves marriage law for the State of: California

    Hi there,


    We are expecting to get married this year and both of us agreed to sign a prenup. We’ve done some search and are made aware that we should disclose the assets we currently have prior to the marriage.

    While that’s totally fine to us to disclose the assets to the future spouse, we feel a bit uncomfortable if the attorney that assists us will also need to see the full disclosure of our assets in order to assist us with the prenuptial agreement?

    Question:
    We definitely trust the attorneys in general but since this is our first time working with attorneys and our assets are such a personal, sensitive information, we are wondering if it is necessary to disclose all our assets to the attoery as well? Or can we just show the disclosure with the future spouse? How does that work?

  2. #2
    Join Date
    Oct 2016
    Posts
    2,754

    Default Re: Asset Disclosure to the Attorney

    Your information is safer with an attorney than it is with your future spouse. If the attorney wrongfully uses the information you have several avenues to follow. If your spouse uses it wrongfully you have few.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,185

    Default Re: Asset Disclosure to the Attorney

    Quote Quoting polarbear558
    View Post
    My question involves marriage law for the State of: California

    Hi there,


    We are expecting to get married this year and both of us agreed to sign a prenup. We’ve done some search and are made aware that we should disclose the assets we currently have prior to the marriage.

    While that’s totally fine to us to disclose the assets to the future spouse, we feel a bit uncomfortable if the attorney that assists us will also need to see the full disclosure of our assets in order to assist us with the prenuptial agreement?

    Question:
    We definitely trust the attorneys in general but since this is our first time working with attorneys and our assets are such a personal, sensitive information, we are wondering if it is necessary to disclose all our assets to the attoery as well? Or can we just show the disclosure with the future spouse? How does that work?
    A prenup cannot be properly done without a full disclosure of assets. The disclosure needs to be part of the document that is signed.

  4. #4
    Join Date
    Jul 2018
    Posts
    1,172

    Default Re: Asset Disclosure to the Attorney

    Quote Quoting polarbear558
    View Post
    While that’s totally fine to us to disclose the assets to the future spouse, we feel a bit uncomfortable if the attorney that assists us will also need to see the full disclosure of our assets in order to assist us with the prenuptial agreement?
    Despite your use of a question mark, this sentence is not a question. If you intended a question, it's not clear what you intended to ask.


    Quote Quoting polarbear558
    View Post
    our assets are such a personal, sensitive information
    Why? Do you own stock in blood diamond mines, porn companies or other things that some folks might find objectionable?


    Quote Quoting polarbear558
    View Post
    we are wondering if it is necessary to disclose all our assets to the attoery as well? Or can we just show the disclosure with the future spouse? How does that work?
    I'm honestly at a loss to understand your concern, but you're under no obligation to disclose anything to your or your intended spouse's attorney. Prenups sometimes contain lists of assets, but that's not always the case, and it's not at all uncommon for a prenup to say something like, "H and W have disclosed their assets to each other, and each acknowledges that the other has made a full disclosure." The biggest problem with what you're talking about doing is that if, at some later time, your spouse-to-be claims you failed to disclose something, you'll have no independent way to prove that you did make a full disclosure.

    Quote Quoting PayrolGuy
    View Post
    Your information is safer with an attorney than it is with your future spouse. If the attorney wrongfully uses the information you have several avenues to follow. If your spouse uses it wrongfully you have few.
    Concur.

  5. #5

    Default Re: Asset Disclosure to the Attorney

    My guess is that these assets were acquired through inheritance. In other words, not earned. Why so? Because if you had the wherewithal to earn them, one would expect that you would have the good sense not to even contemplate such stupidity!

    The idea is about as dumb as having your lawyer draw your will, but withholding the true names of the beneficiaries in fear that the lawyer might sell the information to spammers.

    Do you have visions of others plotting against you?

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