breaking a prenup

[standing on the sidelines]

just want to make sure in case i ever live with someone again. Want to make sure I protect my assets and my house.

[BeenThereTwice]

What I take away from this is that if you develop ANY domestic contract, then:

a) make sure both parties get ILA.

b) If either party waives ILA, make DAMN sure the agreement is fair to both sides.

c) make sure both parties get ILA.

[BeenThereTwice]

By the way.. I believe the domestic contract must also be WITNESSED to be enforceable at all. Read that somewhere. Not sure where.

[shellshocked22]

Hey Standingonsidelines....

I hear what you're saying ! Best way to protect yourself is NOT to get married again (obviously) and NOT to live common law also. Law keeps changing so what is OK today may change years later and you can still get screwed over !

I've even heard of the odd case where a couple has been DATING (NOT co-habitating) but often had "slumber parties". EVEN THEN, effing courts said it was basically common law and guy got nailed for $$$

I think I'll just buy a blow up doll, will be way cheaper. Unless blow dolls get rights under Family Law act, wouldn't surprise me lol !

[HammerDad]

Originally Posted by mcdreamy

No. The average joe can't waive ILA.

Yes they can, we do it every day at my firm.

The need for Independant Legal Advice occurs when the LAWYER dealing with the parties has a conflict of interest. It has nothing to do with the contact, but the appearance of impropriety of lawyer preparing a contract for the benefit of parties, while only representing one party, their client.

If two parties come to an agreement without the assistance of lawyers, there is no need for ILA, as they are already independent. The test of "unconscionability" is a common law test that. The courts would determine whether the agreement is reasonable, and if it is unreasonable or unconscionable, they can set it aside.

[standing on the sidelines]

Originally Posted by shellshocked22

Hey Standingonsidelines....

I hear what you're saying ! Best way to protect yourself is NOT to get married again (obviously) and NOT to live common law also. Law keeps changing so what is OK today may change years later and you can still get screwed over !

I've even heard of the odd case where a couple has been DATING (NOT co-habitating) but often had "slumber parties". EVEN THEN, effing courts said it was basically common law and guy got nailed for $$$

I think I'll just buy a blow up doll, will be way cheaper. Unless blow dolls get rights under Family Law act, wouldn't surprise me lol !

hope you do not have a latax allergy lol

[Teenwolf]

Originally Posted by HammerDad

Yes they can, we do it every day at my firm.

The need for Independant Legal Advice occurs when the LAWYER dealing with the parties has a conflict of interest. It has nothing to do with the contact, but the appearance of impropriety of lawyer preparing a contract for the benefit of parties, while only representing one party, their client.

If two parties come to an agreement without the assistance of lawyers, there is no need for ILA, as they are already independent. The test of "unconscionability" is a common law test that. The courts would determine whether the agreement is reasonable, and if it is unreasonable or unconscionable, they can set it aside.

Interesting. I always thought it was wise to have independent lawyers for a pre-nup.

[HammerDad]

Originally Posted by Teenwolf

Interesting. I always thought it was wise to have independent lawyers for a pre-nup.

It is. Especially given the ramifications that may happen if the pre-nup is voided.

But two parties can come to an agreement without lawyers. However, if they don't have advice and a court finds that one party was coerced or that the agreement is unconscionable, it is likely to set aside. The agreement can still be set aside with ILA, but it is just a harder argument to put forth.