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To: Conservative Goddess
You've never heard of a prenuptial agreement that fixes the rights and responsibilities of the parties to the contract?

This assumes that the prenup gets enforced. The courts may decide to enforce it, or may disregard it as "against public policy". Also, provisions regarding child support are prohibited (see here) and any prenup which would "provide a standard of living far below that which was enjoyed before the marriage" will also be unenforcable (see prior link). Also, it may be cancelled if one party "signed under duress" (here), where "duress" may be found to include "sign this or I won't marry you"

Bottom line: a prenup may not be enforcible against her, but certainly WILL be enforced against YOU

Prenups are mainly for the case where both parties come into the marriage with assets, both are past childbearing age and the husband needs to ensure that his assets go to his kids from prior marriage, instead of new wife. Do NOT count on a prenup being enforceable against a wife if you have significant assets and a well-paying job. The courts will probably not enforce any contract that would make some irate feminist columnist upset

247 posted on 02/07/2005 7:09:49 PM PST by SauronOfMordor (We are going to fight until hell freezes over and then we are going to fight on the ice)
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To: SauronOfMordor

"...Bottom line: a prenup may not be enforcible against her, but certainly WILL be enforced against YOU..."

In PA, as long as there was full disclosure of the assets prior to the marriage....Prenups are enforced. PA recently enacted also recently enacted a statute that requires the prenup to be signed 30 days before the marriage...to avoid last minute pressure on either party to sign. Freedom to contract is essential.....and in PA you are free to be stupid and the courts will not protect you from your own stupidity.


359 posted on 02/08/2005 6:16:46 AM PST by Conservative Goddess (Veritas vos Liberabit, in Vino, Veritas....QED, Vino vos Liberabit)
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