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My friend's husband is a partner in a Venture Capital firm,

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My friend's husband is a...
My friend's husband is a partner in a Venture Capital firm, and every time his company opens a new fund he asks her to sign the papers that in case of the divorce she has no rights to any part of his business or any future distributions of these funds.
How can she protect herself from this unfair situation?
Submitted: 7 months ago.Category: Family Law
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Answered in 5 minutes by:
12/30/2017
Family Lawyer: Alex J. Esq., Attorney at Law replied 7 months ago
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,979
Experience: Licensed experienced Attorney
Verified

Hello. My name is Alex.

Thank you for your question.

I will be happy to provide you with information you are seeking for educational purposes only.

I am not permitted to tell JustAnswer.com what to do or say in their specific situation or list all of the legal rights / legal options that might potentially apply in any specific situation, as such legal advice can only be provided by your local attorney, upon review of your entire case.

I can however, provide you with a general answer, if you have a legal question for me?

Thank you.

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Customer reply replied 7 months ago
My question was listed above.
Family Lawyer: Alex J. Esq., Attorney at Law replied 7 months ago

Thank you for your follow up.

Is your question "whether the wife has to sign a document stating that she has no interest in the fund when asked to do so by her husband"?

Please clarify?

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Customer reply replied 7 months ago
I understand she does not have to sign, but there is a lot of pressure that her husband puts on her to sign. I am looking for a legal way for her to somehow equalize this "postnuptial" request, by, for example, asking him to sign a paper that he will not request part of her 401K in case of divorce. Is it legal, and what else can she do to protect herself?
Family Lawyer: Alex J. Esq., Attorney at Law replied 7 months ago

Thank you for your follow up.

I cannot comment on your specific situation, but generally, it is up to both spouses when it comes to executing any postnuptial documents which designate assets to be individually owned by either spouse and not part of marital property.

So, either spouse can request the other spouse to sign such document and it would be up to each spouse whether to execute such document and if one spouse feels that she / he is being taken advantage of, then it would be a good idea for such spouse to consult and retain an experienced local family law attorney and this attorney can help resolve such unfortunate situation, by either drafting a postuptial agreement or by initiating a divorce and challenging any documents which a spouse who was under duress / undue influence have already signed.

You can find an experienced and skilled local famly law attorney by using this established and reputable attorney information / referral websites:

www.lexmundi.com

www.martindale.com

www.lawyers.com

www.legalmatch.com

When, choosing a local attorney to represent you, it would be a good idea to choose someone who has a practice exclusively dedicated to family law, has at least 10 years of experience and handled similar matters and also regularly practices before the court located in the jurisdiction where your matter might be heard.

I wish you the best of luck!

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