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Re: Has anyone in this group used a prenup and was it helpful? Anyone used Nolo to draft it?

From: phelbooth@gmail.com (phelbooth)


On Jul 14, 1:05 pm, LarryG <larryg...@yahoo.com> wrote:
On Jul 11, 4:33 pm, ClaraL <cl...@flamingchipcasinos.com> wrote:

Hello,

Had anyone in this group had setup and used a prenup and was it any
helpful? I'm thinking of creating a prenup for my second marriage to
avoid costly mistakes from my first one, and I am looking into Nolo
Press to produce a first draft. Has anyone do that before and was that
helpful or did the lawyers just tossed the prep work away?

If you know any better group to post this question, please feel free
to suggest it,

Thank you in advance

Clara

Personally, I think you should get divorced before you get married.
A Pre-Nup does a number of important things:

1. It lets each prospective mate see exactly how "generous" and
reasonable the other is likely to be, while they are even on good
terms with one another.

2. Each party knows exactly what they stand to gain or lose
should they consider misconduct or divorce.

3. It should allow seperation without the animosity and
quarrelling about who gets what, which generally degenerates
into petty spitefulness.

Just be sure that both sides have equal say in the pre-nup
terms.

Good luck,
Larry G.

I had a pre-nup and while ideally it was established to protect each
of our separate assets (we both have adult children) at death, we did
end up divorcing.

Larry's #3 above would be the ideal case--my spouse contested the pre-
nup with great vigor (right down to asking to be reimbursed for
planting arbor vitae in the yard--I owned the house prior to
marriage)--thereby taking what could have been an inexpensive and
quick divorce into months of stupidity and legal expense.

Anyway, the pre-nup did hold up--when they are correctly crafted they
almost always do--I recommend using a good estate lawyer rather than
doing it on your own. Won't cost more than $500 and it will hold up in
court--unless either of you lie when drafting the prenup. Look up
something called "The Button Case" or "Button Test" or something like
that--it's a legal precedent that shows the three-prong test that
validates the effectiveness of the prenup.

Fill


Subject
* Has anyone in this group used a prenup and was it
+- Re: Has anyone in this group used a prenup and was it
`* Re: Has anyone in this group used a prenup and was it
 `- Re: Has anyone in this group used a prenup and was it




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