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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-23-2006, 03:22 PM
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Default What's next!

My husband has decided that we are going to divorce because I won’t sign an affidavit that says that I won’t take any part of his business if we get at divorce. He has just started a new business about eight months ago and is really doing well. He says that he has an outside investor that wants to invest in his company to help him buy equipment and the only way he will invest is if I sign this note releasing me from any part of the business profits and equipment because we have a rocky relationship and in a divorce the spouse usually gets half of a business. If I sign this affidavit will it hold up in court against me?
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Old 01-23-2006, 04:13 PM
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May I inquire as to why you asked

"If I sign this affidavit will it hold up in court against me?"

If you plan on signing it, then why bring it (the business) up in court? If you plan on signing it, and then not honouring it, why sign it?
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Old 01-23-2006, 05:01 PM
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Default Don't sign anything!

Anything you put your signature to can come back to haunt you later on. Speak with a lawyer before you make any decisions, and especially before you sign anything. You should not be coerced into signing away the 50% interest that is rightfully yours. Please note that in saying 50% interest, I mean 50% interest of the increase in value of the business during the marriage.

If your husband proceeds with the divorce, the increase in value of his business during the marriage will still need to be divided equally between the parties. However, it is the value of the business at the date of separation that will matter, and any increase or decrease in the business' value after the date of separation will be irrelevant.

Lindsay
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Old 01-24-2006, 12:41 PM
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klthomas,

As Lindsay mentioned, I wouldn't sign anything without consulting with a lawyer.


The other thing that does come to mind is that If you don't sign your husband wants a divorce. Seems like he is trying to coerce you into signing.

You have two options,

If you sign - everything is good then? or is it?

If you don't sign - you legal rights are protected as you have not signed them away.
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Old 01-24-2006, 09:43 PM
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Exactly, so there are no benefits at all to signing except to give in to the other person (which you dont want to do at this point).
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