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  1. #1
    Join Date
    Jul 2005
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    Default Postnuptial for Marriage Couple

    My question involves marriage law for the State of: Arkansas

    I have a friend (male) married and is considerimg postnuptial agreement with following questions

    1) what can he do to avoid inhereting any debt that his wife might be accumulating that he knows nothing about.

    2) And how can they start the process of Postnuptial aggrement?

    3) What do they need to begin the process.

    Please advise

  2. #2
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    Jul 2010
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    Default Re: Postnuptial for Marriage Couple

    Your friend and his wife both need to consult their own lawyers regarding this if they are serious about it. It is not a DIY type of project.

  3. #3
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    Default Re: Postnuptial for Marriage Couple

    Quote Quoting freemind
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    1) what can he do to avoid inhereting any debt that his wife might be accumulating that he knows nothing about.
    Depends on the nature of the debt and why it is incurred and why it is incurred without his knowledge.


    Quote Quoting freemind
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    2) And how can they start the process of Postnuptial aggrement?

    3) What do they need to begin the process.
    The process begins by discussing what they are and aren't willing to agree on, as well as why they want to do this at all and what purpose they think it will serve. After that, it depends. Do they want to try doing it themselves and risk screwing things up? If so, then all they need is pen and paper or a computer and printer. On the other hand, if they want it done correctly, then they need to consult with and retain an attorney (and, for maximum enforceability, each should retain a separate attorney).

  4. #4
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    Default Re: Postnuptial for Marriage Couple

    Thank you

  5. #5
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    Mar 2013
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    Default Re: Postnuptial for Marriage Couple

    For anybody who thinks they need a post-nuptial agreement -

    It's already too late.

  6. #6
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    Oct 2006
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    Default Re: Postnuptial for Marriage Couple

    Quote Quoting freemind
    View Post
    My question involves marriage law for the State of: Arkansas

    I have a friend (male) married and is considerimg postnuptial agreement with following questions

    1) what can he do to avoid inhereting any debt that his wife might be accumulating that he knows nothing about.

    2) And how can they start the process of Postnuptial aggrement?

    3) What do they need to begin the process.

    Please advise
    Unless his wife is 100% on board with a post nuptial agreement, its not going to happen.

  7. #7
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    Nov 2013
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    Default Re: Postnuptial for Marriage Couple

    Quote Quoting freemind
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    1) what can he do to avoid inhereting any debt that his wife might be accumulating that he knows nothing about.
    Are you are speaking about debt that a spouse had before the marriage or are you speaking of a debt that happened after the marriage? You speak of inheriting the debt so it is not clear.

    Arkansas is an equitable distribution state but the courts there are likely to say that a debt acquired during the marriage belongs to both spouses. Just because one spouse may have a CC in their own name doesn't mean that the other spouse is not also responsible for that debt.

    Do you want to tell us what and where the debt came from?

  8. #8
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    Default Re: Postnuptial for Marriage Couple

    Quote Quoting budwad
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    Are you are speaking about debt that a spouse had before the marriage or are you speaking of a debt that happened after the marriage? You speak of inheriting the debt so it is not clear.

    Arkansas is an equitable distribution state but the courts there are likely to say that a debt acquired during the marriage belongs to both spouses. Just because one spouse may have a CC in their own name doesn't mean that the other spouse is not also responsible for that debt.

    Do you want to tell us what and where the debt came from
    ?
    He said this:

    1) what can he do to avoid inhereting any debt that his wife might be accumulating that he knows nothing about.
    He doesn't even know if she is accumulating any debt. He just wants to be protected in case she does. If my husband asked me to sign a post nup for something like that, I would tell him to pound sand and would consider divorcing him.

  9. #9
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    Nov 2013
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    Default Re: Postnuptial for Marriage Couple

    1) what can he do to avoid inhereting any debt that his wife might be accumulating that he knows nothing about.
    After doing some research on Arkansas case law about postnuptial agreements, the answer is he can do nothing about any debt the spouse accumulates during the marriage. There is no postnuptial agreement that the Arkansas courts would hold valid that would allow him to not own 50% of the debt that was accumulated during the marriage.

    Postnuptial agreement are in contemplation of divorce or property settlement in a divorce, or how debt in the marriage will be handled. But here, without the complete agreement between spouses, a full disclosure of the financial impacts, and no duress in signing such an agreement, the courts will not hold the agreement valid.

    Each spouse has a fiduciary obligation to the other in marriage.

    The fiduciary duty between husband and wife allows both spouses full management and control of community property. Each spouse must make full disclosure of all material facts and information within their knowledge regarding the existence, characterization, and valuation of community assets and debts. Additionally, each spouse has equal access to the information, records, and books that pertain to the value or character of community assets or debts.

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