3 reasons your prenup may NOT be enforced
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- Опубліковано 6 вер 2024
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Here are the top three reasons your prenup may not be enforceable
Verbal prenuptial agreements are not a thing really nowhere do they exist a prenuptial agreement must be in writing plain and simple let's say you earn a couple hundred thousand dollars a year and your soon-to-be spouse who's a part-time actor who never really gets any work tells you that they will never ask you for alimony they don't want any of your assets if you get divorced but there's nothing in writing is that enforceable as a prenuptial agreement i mean they promised right no there's no way a court will ever uphold some sort of weird verbal agreement in lieu of a prenuptial agreement because like we said verbal agreements not a thing if you want it to be enforceable put it in writing
Number two inadequate financial disclosure this is a really big one that we talk about a lot in all prenuptial agreements both spouses need to provide full and fair disclosure of each other's finances this includes income assets and debt providing full disclosure of all income assets in debt is really necessary to ensure that both you and your future spouse enter into this agreement with eyes wide open you need to know the assets that you are waving your rights to or you can't really waive them can you if you don't know what those assets are how do you know what you're giving up this is why it's incredibly important to be really thorough in your financial schedule
For a prenup to be valid both you and your soon-to-be spouse must enter the agreement willingly without coercion if one spouse did not have time to fully read the document or was pressured to sign a judge may hold that this agreement just can't be enforced this goes back to a point that we've made in many other videos is you need to make sure you have enough time to negotiate your prenuptial agreement although many states say signing a prenuptial agreement the day before the wedding is not enough in and of itself to invalidate the agreement it certainly does leave room for an argument that there just wasn't enough time for the parties to review the agreement or obtain legal counsel if they wanted it certain states like California require a certain amount of time before presentation of the agreement and signing of the agreement to avoid this very issue so when you consider getting a prenuptial agreement make sure you're leaving enough time for negotiation review hiring of counsel if you want it and signature
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I am glad my prenup was upheld. It allowed me to keep my 7 figure net worth, when she took our kids and moved in with her boyfriend, now husband. My net worth is in 10 figures, and they’re about $40,000+, in debt!! I am glad that I had an attorney who went out of her way to make sure that my prenup was written and executed very well!
I protect myself from these kinds of women and situations by just being poor, lol.
@@theinitiate110 men getting graped in family court is the overwhelming norm
If you would have had the right judge you would have gotten fu$ked
"3 reasons your prenup may NOT be enforced" = DON'T MARRY AT ALL.
Prenuptial agreements usually are not enforced. Like laws are becoming, it's just a piece of meaningless paper.
You know what's weird? When I got divorced, even though my wife had no proof I had promised to pay for her to go to grad school, the judge bought that. On the "verbal agreement" premise. Of course she had no proof because it was not true. Who in Hoboken agrees to pay to send their wife to grad school on his dime after the divorce is finalized?
She effd that judge...
Dont marry them. At all.
No problems. No costs. No headaches. No torment.
Dont marry them. Unless your broke men. But guaranteed..... she'll ask you for a prenup.
Fo Sho
What about common law marriage.
@@KabobHope Just as dangerous. If your loaded. Find out Laws in your area, if living with a woman. If a breakup is suspected?..... get informed (lawyer) before it happens.
If she's loaded..... you have rights to her stuff.
@@porkchop2139 I would agree with your statement and remind people that with same sex marriage the law of the land beware of anyone in your household longterm. You could potentially wake up married to your roommate. At least you wouldn't wake up married to your sister or anything.
@@porkchop2139My state doesn't recognize common law marriage (or prenups -- we call something similar matrimonial agreements -- and no state should. If you want to be married go down to the courthouse and get married. Don't be automarried.
Marriage is just a losing proposition. There is no reason to get married. Remember the scene in "It's a Wonderful Life" where an angel gets their wings every time a bell rings? In the real world every time a man gets married a lawyer gets a future series of BMW payments.
The 3 Rules for Having A Bulletproof Prenup:
1. Drawn up by an actual law office/lawyer. Do-It-Yourself Prenups are toiletpaper.
2. Have her sign it months in advance of the wedding so it can't be argued that it was signed last minute ("under duress")
3. The Big One: Ensure that it includes language that has her agreeing that you are exempt in all forms of/that she will not pursue or allow the court to pursue any form of "doctrine of estoppel". Otherwise the courts can now force a man who is not the biological father or even adopted father to pay child support just because she argues that he agreed to act as a father figure to her children.
I was thinking about this for sometime. Would it help if you recorded the whole interaction of the lawyers in the room and her signing it just to have more proof that she didn't sign it under duress?
Mine wasn’t enforced. The judge canceled.
Why did the judge cancel ?
Did he have a good reason ?
Please explain
I hope judge was forever cancelled.
@Blueisntmycolor: I agree with @casimer... I hope you're NOT letting them get away with this.
We need to know why???
Have a lawyer and witnesses present when prenup is signed to avoid any chance of claims of under duress. Women really need to understand it protects both your and the guys assests accumulated prior to marriage not just his. But of course gold diggers out there are looking at a big payday if the guy is rich.
Doesn’t matter. She will claim the attendance of the lawyers and witnesses places her under duress.
It’s a losing game.
@@cas2985 then forget women untill the laws change...or protect your assets before getting married and dont if she refuses the prenup. They are not always thrown out....have her lawyer present to which would certainly help against any claim of duress.
@marc: video the entire thing. better yet, DON'T get married!!!! Full disclosure, I am married. After the BS my 1st wife put me through I can confidently say that if my second wife leaves, she can choose 1 of 2 envelopes, One says "all the money" and the other says "breathing" and she is free to pick whichever one she wants, but she can't have both.
I do not know where you practice. I know for a fact verbal agreements are enforceable (I won in court). It can not be a he said she said, you must prove the verbal agreement. (In my case I recorded the conversation when the agreement was made).
This was not a prenup. This was a pool installation that was never finished. So maybe different but the lawyer was a contract lawyer. He said any contract verbal or written is enforceable. His example to me was the breach of contract when you ask someone to marry you then you pull out of the marriage for no reason. You can be sued for Breach of promise. No written contract was signed, The proof is the Engagement ring.
Most prenups that are over 10 years old get thrown out by the judge anyway. The reason, there have been huge changes in the couples family and financial situation.
Come on guy's,just go MGTOW,If prenup may not work,
Why bother putting in the time,just because you signed it when you married, doesn't mean you're safe,you have to keep upgrading as the year's go on, law's change,and judges become woke,update your prenup every few year's,make sure you have a great lawyer
Thank you for this.
This is where the legal system sucks, 2 people draw up an agreement, then sign it. BAM, Done. Simple Then weasel lawyers come along later.. to help one side screw over the other.... LAWYERS have created a system, where you need them, even when you do NOT have any problems... just to sign a form!
What if no lawyers were used at all for prenup? Just a man and a women who have lived together for years b4 finally getting married? So both spouses were very well aware of each person s debts and assets?
Still needs to be written, full financial disclosure, in writing, and no duress.
@nms: that's like playing russian roulette
@@daveh9803 why such an emphasis on "disclosure".. HIS is HIS.. Hers is HERS... the end.
Then you are at the mercy of the judgement of the court. Why would you want that?