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Recent Prenuptial Agreement questions

Written prior to our wedding, our prenuptial agreement says

Written prior to our wedding, our prenuptial agreement says the following. It was written and signed and we all still live in the state of CA."joint expenses shall include expenses associated with the care of SpouseXX's children "At the time of its being signed, SpouseXX's 2 children were 19 and youngerQuestion: is there a definition of "children" in a prenup? the children are now over 21. Is their upkeep or expenses still covered? Thanks.

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RayAnswers

Lawyer

Doctoral Degree

35,872 satisfied customers
My son is planning to marry a female from Ecuador in the

My son is planning to marry a female from Ecuador in the next four months. She is coming here on a fiance (K-1) visa in the middle of October. He presently own a house, a business and will inherit the building (from parents) his business is housed in before his fiance arrives in middle of October. Exactly what is she entitled to if my son does marry her within the ninety day time frame, which would be by the middle of January 2017??? Is a prenuptial agreement in order at this time? You always hope for the best outcome, but if a year from their marriage it does not turn out well and they divorce I don't believe she is entitled to half of his possessions. We live in New Jersey and NJ has alimony laws, so I am gessing she would be entitled to alimony? Also, if they were to have children, I believe that child at birth becomes an American citizen, so legally she would not be able to take that child back to Ecuador if she chose to return to her native country.

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Ely

Counselor at Law

Juris Doctor

64,554 satisfied customers
I am considering to get a civil marriage in the US as my

I am considering to get a civil marriage in the US as my country does not allow non-religious marriage.1- can you confirm whether there something I need to do besides going to a probate court with my wife? (We're in Atlanta)2- Whats the process to sign a prenup with a 50/50 split of co-owned assets?Thanks

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P. Simmons

Attorney

Doctoral Degree

35,698 satisfied customers
I am a female small business owner who wants to get married.

I am a female small business owner who wants to get married. Boyfriend has 2 small kids. One lives wth us, the other in Iowa and he is paying child support. In his child support obligation the mother has asked for increases every 6-8 months. If we marry will my income be included? Is there away to protect my business/income from being included in evaluations for things like husband child support obligation? Does filing separate tax stuff do anything to guard against our incomes being automatically combined? Does it help if I have a LLC? How do I go about adding some layers of protect my business and income if I get married?

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Lucy, Esq.

Juris Doctor

30,352 satisfied customers
I need a lawyer who is familiar with Louisiana divorce law.

I need a lawyer who is familiar with Louisiana divorce law. If you aren't familiar with Louisiana law, please don't answer. Just refund my money. Louisiana is like another country. I married in 2007. We had a pre nup but we only had one attorney, we did not disclose our assets and liabilities to each other so I question the validity of the pre nup. At the time I was making way more money than him and owned the home that he moved into after the wedding. We never established community property. I got really sick with a neurological illness and could no longer work in June of 2014. I took from my savings and paid off my 3200 sq ft. 4 bedroom 4 bathroom home and my BMW 335i. So he continued paying the monthly bills that he had already been paying. The only thing he paid that he wasn't paying before was the grocery bill. Before that we took turns buying groceries. I always paid the mortgage, the taxes, and the insurances on the house, as well as my own car insurance and car notes. One morning in July of 2015 at 5:30 am, he was leaving to go to the gym (or so I thought) and he walked up to me and just said he wasn't happy and he was leaving. I could no longer drive. He was supposed to take me to a dental appointment that morning. I had to cancel the appointment. I was also prepping for a colonoscopy which he was supposed to take me to the next day. We had slept in our bed together the night before. This was a Tuesday. He had secretly been moving things out of the house and from the back yard for days. He even had the dish network turned off and took all the tvs in the house. I had to prep for the procedure all alone without even a tv to watch. He filed for no fault divorce that morning. I was served a couple of months later. When it got closer to the time of the divorce, he presented me with an agreement to sign that he would hold off the divorce for a few months so I could have health insurance and he wanted $40,000 for the pool that he had paid to put in the back yard, which I never wanted. He cut down two 20 year old beautiful live oak trees and a 20 year old cypress tree. I signed the agreement because I had so many medical bills and was desperate. The attorney who did the pre nup won't fight against his own pre nup. I am currently being represented by an attorney who is a family friend. He says that I can petition the court as a "sick spouse" and can get up to 1/3 of his income. I still am unable to work. My present attorney also says I can petition the court to compel him to go to counseling. He has never even allowed me to talk to him about reconciliation because he feels so guilty. I know I can't stop the divorce entirely, but I need to stay on his health insurance. With my health issues, it will be hard for me to get insurance that I can afford. I know I need to get another attorney that will move faster with all of this. So please tell me with the information I have given you ---what can I do? I don't want this divorce. He only left because I got sick. We are both 57 years old. Please help me.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,174 satisfied customers
Can you separate assets in a marriage with both parties

Can you separate assets in a marriage with both parties agreeing on the assets where it is not able to be separated again in a divorce?

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LawTalk

Attorney at Law

Juris Doctor

33,100 satisfied customers
I am writing to inquire about a postnuptial agreement my

Hi,I am writing to inquire about a postnuptial agreement my wife and I are working on.Background: we got married 3 months ago in Tennessee, both of us are on work visas and undergoing the naturalization process (we are from different countries). We were working on prenuptial agreement but we had to advance our wedding date because of family emergencies.Two things I am concerned about and hoping to cover in the agreement:1. My family is still living overseas and I am also planning to retire overseas. I am planning to set aside a maximum of 20% of my annual income (after taxes) and wire it to my account overseas. This money will help support my family (parents and sister, they have access to the account) and what is left will contribute to my retirement. I want the remainder of this 20% to be out of any settlement in case we ran into problems that end up in divorce. My questions:a. Can such term be written in a postnuptial agreement in Tennesseeb. How do I need to word that in an agreement? Meaning, in the unlikely event that we end up divorcing, will I be responsible for all the wired money? What is left of it?2. My family have property overseas and it has huge sentimental value, not much monetary (around 15 K in value). Eventually, I will be inheriting that property. I am hoping to keep the land in the family, can I write a term in the postnuptial that any land I inherit is out of reach in the event of divorce?

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LegalGems

Juris Doctorate

13,838 satisfied customers
My husband of 6 years died suddenly in a car accident 3

My husband of 6 years died suddenly in a car accident 3 months ago. He left me with nothing in his Will except $5000 . His siblings was left everything, even the house we lived in that he solely owned. I was not allowed to drive or get a job. We did have a prenuptial agreement that if we divorced I would receive $5,000 per year for the last 3 years of our marriage.I'm in Delaware and have almost nothing to spend on legal fee.. I do have a 17 year old daughter from a previous marriage. Is there anything I can do before being thrown out of this house on 8/30DesperateNatasha

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,202 satisfied customers
I need help with a potential divorce in Iowa involving 2

I need help with a potential divorce in Iowa involving 2 children ages 8 & 10. I am an overnight accountant and I'm wondering if that will hurt my future custody arrangement. Their father is very good to the kids so I believe we would agree to 50% joint physical custody. He makes 4 times my income and I also need help with estimated child support figures and alimony. I make $30,000 and he makes $120,000 annually.

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Gerald-Esquire

Juris Doctor

5,302 satisfied customers
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