Do-It-Yourself Prenuptial Agreement? - Talk About Marriage
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post #1 of 11 (permalink) Old 03-21-2016, 02:12 PM Thread Starter
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Do-It-Yourself Prenuptial Agreement?

Hi all,

My niece is getting married and some family members are thinking about getting her to get her fiance to sign a prenup. Is this something I can download online and give to her? I have no idea how to go about this. Would you need a lawyer? She doesn't have much money but she's worked really hard and have moved up the career ladder very fast. Her fiance is content with his mediocre job and seems to be drifting through life. She is the faithful kind and he seems nice enough.

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post #2 of 11 (permalink) Old 03-21-2016, 02:19 PM
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Re: Do-It-Yourself Prenuptial Agreement?

A lawyer is recommended. For a couple of hundred dollars she can get a consultation with a lawyer, who will tell her what is legal in her state. If the prenup contains stipulations that don't coincide with the laws of the state, the court might not honor it in the case of a D.
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post #3 of 11 (permalink) Old 03-21-2016, 02:23 PM
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Re: Do-It-Yourself Prenuptial Agreement?

Doing your own prenup is less than smart. In order for them to stand in court it is highly recommended both parties have different attorneys.
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post #4 of 11 (permalink) Old 03-21-2016, 02:39 PM
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Re: Do-It-Yourself Prenuptial Agreement?

Google it and include your state name in the search. I would think that something is better than nothing, but it should be properly notarized. There are sites with legal forms. If it's a legal document, it will have as much chance of standing up in court as one done by a personal attorney. These forms are made by attorneys.

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post #5 of 11 (permalink) Old 03-21-2016, 02:51 PM Thread Starter
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Re: Do-It-Yourself Prenuptial Agreement?

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Doing your own prenup is less than smart. In order for them to stand in court it is highly recommended both parties have different attorneys.
I don't think he'd be willing to spend a few hundred on an attorney. I don't think he makes enough to live on his own. She pays the majority of the bills and he chips in some.
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post #6 of 11 (permalink) Old 03-21-2016, 03:42 PM
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Re: Do-It-Yourself Prenuptial Agreement?

As CynthiaDe said something is better than nothing then, make sure to get it witnessed and notarized. Witnesses have to be neutral parties no family members.
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post #7 of 11 (permalink) Old 03-21-2016, 03:51 PM
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Re: Do-It-Yourself Prenuptial Agreement?

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As CynthiaDe said something is better than nothing then, make sure to get it witnessed and notarized. Witnesses have to be neutral parties no family members.
Yes. I forgot to mention that part. It is vital that she have this done. She should be able to take it to a bank. Ask first, but they may also be able to provide witnesses. Or they can bring their maid of honor and best man to be witnesses.

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post #8 of 11 (permalink) Old 03-21-2016, 03:51 PM
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Re: Do-It-Yourself Prenuptial Agreement?

All she needs is a one hour visit with an attorney to get the basics of what is and isn't legal. Then she can write it up. Both need to pay separate attorneys to review it and sign off on it. If they don't have lots of stuff, it wouldn't take the attorneys hours to read. If both don't have attorneys looking out for their interests, the judge could say it was coerced, or not fair.

She can take her chances and DIY. But if the judge doesn't accept it in the case of a D, she defeated her own purpose by not doing it right in the first place.
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post #9 of 11 (permalink) Old 03-21-2016, 07:43 PM
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Re: Do-It-Yourself Prenuptial Agreement?

Not sure what it is like in The States but in Aussie there is no way I would sleep easy with a DIY Will or Pre Nup (BFA here). One of my brothers is a lawyer and his advice has always been to pay the money to have it all done properly, far less chance of it being successfully contested in Court. Legal speak is complicated for a very good reason, to confuse and trap the unsuspecting.

This is quoted from a local Lawyers website
Quote:
For financial agreements to be legally binding, both parties must have signed the agreement and have received independent legal and financial advice before signing.
I would be very wary of DIY, seems counter intuitive to save a few dollars up front only to lose a lot after the fact.
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post #10 of 11 (permalink) Old 03-22-2016, 02:04 PM
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Re: Do-It-Yourself Prenuptial Agreement?

A pre-nup is difficult in it's own to write in a way to be upheld with little argument later. Writing your own can only compound that. Further, the person signing on the losing end, so-to-speak should have it reviewed by a disinterested 3rd party. If not, it only adds to the issues with maintaining validity in court later.

More importantly - If he can not afford an attorney to review a pre-nup, and she requires a pre-nup, why is she marrying him? Perhaps she could give him the cash to to pay the lawyer of his choosing to review it? A nominal investment in maintaining her security.

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post #11 of 11 (permalink) Old 03-26-2016, 03:22 PM
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Re: Do-It-Yourself Prenuptial Agreement?

Does your niece even WANT a pre-nup? Maybe you should find that out first.
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