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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I need to claim bankrupcy; however, I know that I am going

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I need to claim bankrupcy; however, I know that I am going to have fines and restitution to pay from a case I've been fighting against my mother. Its over a dispute about credit card accounts we shared. I am unemployed and my financial situation is at a all time low. I know its best if I wait to claim bankrupcy until after these fines and restitution are attached. My question is this: I want to get married, but I don't want my finace' to be responsible for all of my debt. If he was, then I may not even be able to file a Chapter 7. There are prenuptial agreements which separates assests owned by each individual. Can a prenuptial do the oposite and separate my debt to where I can still file bankrupcy as an individual and he is no where on my accounts or apart of my case?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 7 years ago.
Hi short,
Prenuptial agreements are not effective to insulate one spouse from the other spouse's debt. However, pre-marital debt is only the responsibility of the spouse that incurred it, so a pre-nuptial agreement is unnecessary.
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