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  5. Prenuptial Agreements

Prenuptial Agreements Legal Answers

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Can my husband and I change our prenup?

We signed a prenuptial agreement before our wedding and we’ve been married 10 years now. When we signed the prenup, we each wanted to keep the property we had before we married. I’ve recently started a business and my husband and I agree that if we were to divorce, I get to keep the business. He isn’t working in it and isn’t putting any money into it. So now we want to add that clause to the prenup. Can we just amend the prenup ourselves so he doesn’t have an interest in my business or do we need a lawyer to do it?

Atlanta, GA
Mar 15, 2021
How do I challenge a prenup agreement if it’s unfair?

When my husband and I met we both had good careers. I never expected to leave my job so I signed a prenup waiving my right to any alimony. After we got married, we had a son who is disabled. He needs full-time care, so I quit my job to stay home with him. My husband encouraged me to do this, since neither of us wanted our son to be cared for by a stranger. Things with my husband have gotten rough over the last year and I am worried about how I will support myself if we divorce. I know he’d have to pay child support for our son, but since I signed the prenup, I’m not entitled to any alimony. Is there a way for me to challenge the prenup and get it overturned, or at least modified, because it’s no longer fair to me?

Baltimore, MD
Mar 15, 2021
Will a prenup protect my inheritance in a divorce?

I’m due to get a large inheritance when my dad’s estate settles. I’m engaged and after we get married, I want to use some of that money to buy a house for my husband and I here in Detroit, where we both are from. My family is concerned that if I do that, the inheritance money I put into the house will become marital money and if my husband and I divorce, he’ll get a share of it. Can I use a prenup to protect my inheritance even if I put some of it into a house titled in both my name and my husband’s?

Detroit, MI
Mar 15, 2021
Will a prenup protect me from my wife’s debt?

My girlfriend and I are due to be married in a few months and I am thinking about asking her to sign a prenup. I discovered recently that she has a lot of debt – credit cards, a student loan, and back property taxes for a house she owns in Memphis. I’m worried that once we get married, if she doesn’t stay current with her payments the creditors may come after me. Are prenups legal in Tennessee and will a prenup keep me from being responsible for her bills after we get married? I’d also like to know how I find a lawyer near me who has a lot of experience with prenups.

Memphis, TN
Mar 15, 2021
Can my wife get half my rare coins in our divorce if we have a prenup?

I have a prenuptial agreement signed by my wife and we are now in the middle of a divorce. The prenup says I keep all of my antique coin collection regardless of whether I bought more coins after we got married. My wife’s lawyer in Dallas just filed a paper saying my coin collection needs to be appraised and she wants half the value. I asked her what about the prenup and she said it’s no good because I forced her to sign it and she didn’t have her own lawyer. My lawyer drafted the agreement and my wife had plenty of time to look it and take it to a lawyer if she wanted. I never forced her to do anything. Is my prenuptial agreement valid and can I enforce it against my wife so I can keep my collection?

Dallas, TX
Mar 15, 2021
Can a prenup divide assets based on how long you stay married?

I went through a bad divorce and didn’t have a prenup. I lost a lot of the assets I spent years working for. I’m engaged to marry again and I want to protect what I have from that same situation if the marriage doesn’t work. My fiancé and I have talked about doing a prenup that lets me keep everything I have if we divorce within the first 5 years of marriage, but gradually gives my fiancé/wife more interest the longer we are married. Is it legal to put these kinds of terms in a prenup and can my fiancé and I draft it ourselves or should we have a lawyer do it?

Richmond, VA
Mar 15, 2021
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