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The Main Reasons a Prenuptial Agreement May Not be Valid
by: Jeffrey Broobin
1. Unconscionability. It's true that you can agree to give up your right to inherit from your spouse, which you would otherwise be entitled to do upon your spouse's death, even if he or she left you out of a will. You can sign away your right to spousal support if you should end up in divorce court, even if your spouse makes ten times as much money as you do.
You can even agree that your spouse gets all of the money and you get all of the bills, if that is what you want to do. But if the agreement is so grossly unfair that one party gets everything and the other gets nothing, the court probably will not enforce it. Unconscionable Contracts which only a fool would sign, are generally found invalid; and prenuptial agreements are no exception. 2. No Independent Counsel. Because their separate interests are at stake, both parties to a prenuptial contract should, and in some states must, be represented by their own attorneys or the agreement will not be enforced.
3. Incomplete Information. Holding out on pertinent information is as bad as providing false information, and it makes the agreement useless.
4. False Information. A prenuptial agreement is valid only if signed after both parties have honestly disclosed their income, assets, and liabilities. If someone was lying, the agreement is invalid.
5. Provisions Not Legal, Although a prenuptial agreement can cover just about any financial aspect of the parties' relationship, it cannot in any way modify the child support obligations that either spouse would have if the marriage should end in divorce. Any other provisions of the agreement that violate the law would also be invalid. It is possible, however, that the court would enforce the remainder of the agreement, axing only the illegal clauses. 6. No time to think it over. A prospective spouse. entering into a prenuptial agreement must be given time to review it and consider the ramifications before signing it. If the groom hands the contract and a pen to the bride just before she says, "I do," the agreement is probably invalid.
7. You didn't read it if your spouse-to-be shoves a bunch of papers, including a prenuptial agreement, in front of you and asks you to sign them, explaining them away with such excuses as "it's all just a bunch of legal mumbo jumbo," and you take him or her at face value and sign without reading, the agreement should not be enforceable.
8.Your Arm was Twisted. An agreement may not be valid if one of the spouses was pressured by the other or (by his or her lawyer or family) to sign the agreement.
9. Not Properly Signed. Both parties must sign prenuptial agreements before the wedding.
10. Agreement not in writing. prenuptial agreements must be in writing to be enforceable.


About the author:
Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.
Website: http://www.legalhelpmate.com
Email: jeffreyb@legalhelpmate.com


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 Seven Sets of Documents You Need For Your Divorce
 by: Scott Morgan

This article is designed to give someone who is considering or planning for the possibility of divorce an idea of what documents are needed. Even if you believe your case is ultimately agreed to and settled without a trial, you will be in a much better position if you already have the relevant documents in your possession. Better safe than sorry.

You should locate the relevant documents, make copies, and keep them somewhere secure, like your office or with a friend. You will then have access when it is needed.

Here are the most important seven categories of documents you should focus on.

1. Income Documents

Your spouse's income is relevant to a number of issues in a divorce case. At a minimum, get your spouse's last paycheck statement and your most recent tax return. Ideally, you would have access to all tax returns filed during the marriage, along with all supporting documents and schedules.

2. Bank Records

The monthly bank statements are very important and can lead you to other documents (cancelled checks, deposit slips, registers, etc.) that you also may need to obtain. Get at least the most recent statement for each account that is either held in your name, your spouse's name, or jointly. If possible, get copies of all statements going back to the date of marriage. In most cases this volume of records is not required, but in some cases these records can be very helpful and even necessary to analyze the case.

3. Retirement and Other Investment Records

Often the biggest asset a couple will own will be a 401k or pension account. So you will definitely want the most recent account statement and ideally all statements dating back to the time of marriage. Also, the last statement prior to marriage can be very significant (especially in community property states) to show the pre-marriage balance.

4. Credit Card statements

Again the most recent statements are a necessity, but a lot of important evidence can be garnered from the historical statements. In some cases, the credit card statements will show questionable transactions that can be of real evidentiary value. For example, they might show evidence of gifts or dinners purchased for paramours, questionable hotel rentals, or other dubious purchases.

5. Real estate documents

The most important real estate documents are the Deed of Trust and Warranty Deed for any property you currently own. If you have the entire file from (the giant stack of paper you got after the closing) for each real estate purchase or refinance transaction during the marriage it can be helpful. Additionally, documents evidencing real estate owned by either spouse prior to marriage can be significant, especially in community property states.

6. Mortgage statements & any Other Debts

You should get the most recent statements showing the current payoff balance for any other debts. For those debts that have only a coupon book with no regularly generated statements showing the current balance, you will probably need to contact the creditor by phone for the current payoff information.

7. Relevant emails or other correspondence

Correspondence or emails can be extremely helpful (or damaging, depending on your viewpoint) pieces of evidence in the case. Whether the communication is between spouses or between a spouse and some third-party, the communication is potentially relevant. Two common examples would be where your spouse makes a damaging admission about some issue in the case, or communications with paramours.

Conclusion

Determining which documents you need to obtain for your divorce case can be a very time-consuming and daunting task. Use this list as a starting point and discuss your situation with a quality divorce attorney. This person should be able to advise you specifically on the documents you need to obtain in order to protect your interests.


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