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Jane Doe Deer
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My fiance would like me to sign a prenup. I dont have a problem

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My fiance would like me to sign a prenup. I don't have a problem with this but some of the language gave me some concern. Please see the following:

3. (a) Property Rights of Surviving Spouse in Event of

Death of Other Spouse: Wife agrees that in the event of the

termination of the marriage relationship between the parties by

death of the Husband, by legal proceedings, or otherwise, she shall

make no claim or receive any interest in any part of the property,

income or estate of the Husband which was acquired before their

marriage, or during their marriage, arising out of rights otherwise

granted by law because of the marriage relationship. Husband

agrees that in the event of the termination of the marriage

relationship between the parties by death of the Wife, by legal

proceedings, or otherwise, he will make no claim or receive any

interest in any part of the property, income or estate of the Wife

which was acquired before their marriage, or during their marriage,

arising out of rights otherwise granted by law because of the

marriage relationship. (Does this mean that if my future husband dies I will not recieve his property?)



5. Acknowledgment That This Agreement Reduces Property

Rights to Which Each Would Otherwise Be Entitled: This Agreement

limits and fixes the rights of both Parties in the property now

owned and acquired prior to their date of marriage, whether the

marriage relationship is terminated by death, legal proceedings, or

otherwise. Both Parties acknowledge that they are aware that the

terms, conditions and covenants of this Agreement will cause both

Parties to receive less property rights than he or she would

otherwise receive by operation of law because of the termination of

the marriage between the Parties by death, legal proceedings, or

otherwise.



(b) Nothing in this Agreement shall prevent the Wife or

the Husband from making provisions for the other in a Will or by

the creation of a joint survivor account if they shall voluntarily

elect to do so.



11. Personal Health Expenses: The Parties agree and

understand that in the event that either Party should incur any

expenses connected with their respective health, welfare and

maintenance, including, but not limited to, long term convalescent

expense, long term nursing care, or other extraordinary medical

expense, that each Party, or their representative, shall be

responsible for the payment of said expense from the respective

assets of the respective Party so incurring said expense. ( This seems strange to me, because shouldn't we take care of each other if medical issues occur?)



It will be the responsibility of each Party's estate to

provide for their respective funeral expenses and any debts owing

by the deceased spouse at the time of death without resort to any

property of the other Party hereto. (Does this mean that if I die my future husband is under no obligation to arrange my funeral or pay for my funeral?)
Submitted: 4 years ago.
Category: Family Law
Expert:  Jane Doe Deer replied 4 years ago.

 

Thank you for contacting Just Answer.

 

 

Answer: My position with prenups is that everyone (even couples living together) should have them. For one thing, working on the draft, as you are now doing, tells you something about your future spouse.

 

And yes, each party should be represented by his or her own attorney during the negotiation and then the signing.

 

Your interpretation seems correct (although it's kind of difficult to read through one long paragraph). Yes, if your husband dies, you won't get any of his separate property, including anything he buys from his separate property. Yes to your other questions, too - you wouldn't have to pay for one another's medical or funeral expenses, etc.

 

One thing that jumped out at me, in addition to what you asked about, is that there don't seem to be time limitations. Often, in prenups, terms change after folks have been married five years, or ten, or whatever; the way what you sent me seems to be written, the same terms would apply even for 50 years.

 

You do not have to agree to the prenup as written. You can negotiate. And although painful, this is also a good time to assess whether or not you want to get married under these conditions.

 

I would suggest that you and your fiance do a little bit of talking, and talk through your concerns - then have two attorneys fine-tune the language. Then, think about it some more.

 

Please write back to me if I haven't answered all your questions - I tried to, but it was a little hard to read through. There's no extra charge for follow-ups, of course.

 

All my best,

 

Jane

 

---------------------------------------

 

 

There can sometimes be a delay of an hour or more in between my followup answers because I may be helping other customers, conducting legal research, or taking a break. If we're writing late in the evening, I may need to get some sleep and resume helping you the following morning.

 

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Customer: replied 4 years ago.

Is the language in this prenup standard?

Expert:  Jane Doe Deer replied 4 years ago.

That's a more difficult question than you may realize, but the simple answer is "yes."

 

With computers, and even before, most attorneys start out with boilerplate language in a template that either the attorney sits down and writes; or the attorney gets it out of a book, from a class, or from another attorney. As times passes, and the attorney becomes more experienced, or the law changes, he or she will probably edit his or her boilerplate over the years. Often (especially in larger firms), a paralegal, legal assistant, or other non-attorney will take the basic information (name, address, etc) and plug it into the boilerplate, perhaps making some changes here and there, adding or subtracting paragraphs, etc.

 

(The same is true for virtually any other legal document an attorney prepares for you, from wills to trusts to contracts).

 

Some attorneys carefully read everything that their assistant has prepared. Regrettably, some attorneys don't - not everyone is a good, thorough attorney.

 

So, all that said, this is why it's so important to talk these things through, and have your own attorney review it (if a lot of money is involved, in particular) before signing.

 

Now, I always tell people to put terms in there about basic housekeeping, such as who will take out the trash, wash the dishes, have cleaning duties, and etc. Although I am half-joking when I suggest this to people, unless a couple has lived together for quite some time - long enough to know, for example, whether you have compatible standards for leaving or washing the dishes - working out these things ahead of time - just talking about them, at least - is a good, practical exercise.

 

Besides household chores, it's also important to decide how bills will be split (who pays for dinner? Will you have a joint account? Who pays the mortgage? Will there be limits on expenditures for clothes, furniture, vehicles, etc? Does your spouse pay bills on time or wait until he gets two late notices?

 

And - it's important to talk about sex and sexual expectations (but this is not usually written in a prenup - that doesn't mean it can't be - anything and everything can go into a prenup).

 

Does that help? I hope so! I'll check back a little later to see if you have any more questions. I'm happy to answer them!

 

If you're done, please remember to click on "accept" - otherwise I won't get paid anything at all!

 

My best, XXXXX XXXXX's hoping you'll have a happy marriage that will last 100 years,

 

Jane

Jane Doe Deer, Lawyer
Category: Family Law
Satisfied Customers: 3864
Experience: Atty. 24+ years; Plain English explanations of support, visitation, custody, etc.
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Jane Doe Deer
Jane Doe Deer
Family Lawyer
3864 Satisfied Customers
Atty. 24+ years; Plain English explanations of support, visitation, custody, etc.