How to best protect my interests in a post-nuptial agreement?

Get Legal Help Today

 Secured with SHA-256 Encryption

How to best protect my interests in a post-nuptial agreement?

My husband wants me to sign a post-nuptial agreement. I honestly think its ridiculous but only said I would because he won’t stop pressing the issue. How do I make sure I am not screwed in the case of a divorce? He makes all the money and everything is in his name. We’ve been together for 3 years –  1 1/2 years of that common law married and formally married 2 months. He has 4 kids that I take care of. He owns 4 rental properties (I’ve helped out with all of them) and a business. If we divorce he doesn’t want me to have any of it. What do I need to put in there to make sure I am protected in case a divorce does happen?

Asked on May 2, 2011 under Family Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The best way to protect yourself is to have an attorney review the document before you sign it.  And by that I mean an attorney that has your interests in mind and not the attorney that drafted the document for your husband to give to you!  The attorney will help you to understand the difference between what is known as separate property - property that was yours before you were married - and marital property and if your participation means anything to that equation.  Now, if you supported him through all these endeavors and took care of the children and the home you would be entitled to some compensation here and not nothing of the marriage fails.  But many factors go in to that decision.  Please seek help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption