(Closed) *LEGAL BEES!* Basic Pre Nup advice (Infidelity Clause, Inheritance, etc.)

posted 5 years ago in Legal
Post # 2
9353 posts
Buzzing Beekeeper

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WesterosBarbie:  those are all very good questions and no attorney is going to judge you for asking them! but pleaseeeeeeeee don’t take legal advice from stangers on the internet – seek out a local qualified attorney.

Post # 3
1377 posts
Bumble bee

Here is what I gathered from my own pre-nup expirence these past months (mind you I’m in Canada)

1) No, there are such things as post-nuptual agreements. We just signed ours back in March, I’d reccomend doing it before the wedding (it was a pain in the ass, took way longer than we anticipated and we’re glad we dont have to worry about it anymore).

2) Infidelity clauses don’t always stand up in court from what I heard, we removed it from our agreement. Either way  a Judge won’t make a ruling that is considered unconsciounable. For example, if your spouse cheats on you and is living with a disability and unable to support himself, the judge may very well still in his favour simply based on his ability to support himself, not the adultry.

3) House: have written into the mortgage the actual dollar amount paid down on the house today (by your Mum) this amount goes straight to you when the house is sold (say 3/4’s of the worth), going forward, splitting mortgage payments will entitle him to 1/2 of the last quarter. Otherwise, it becomes the ‘martial home’ and is subject to being split up regardless of who paid what.

4) All cash gifts and gifts of inhertance are considered YOURS alone. Keep the money in a seperate account or have it invested in YOUR name. If you use that money for communal purposes (like a new roof) make sure your paper trail is uncomplicated so you can prove at a later date that you contributed exactly how much.

5) Not sure about debt. 

Post # 4
252 posts
Helper bee
  • Wedding: City, State

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WesterosBarbie:  I am not licensed in Canada but I will say that nothing you requested is crazy, but the gender inheritance thing does not belong in the pre-nup. That would belong in your will. Further, I recommend you plan for a backup in case you do not have any daughters or any children at all. 

Post # 7
2403 posts
Buzzing bee

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WesterosBarbie:  I don’t have any specific advice honestly, but give some thought to these types of hypotheticals: what if you were living in the house with your husband happily for 10 years, and then you were suddenly killed in a car accident. If your mom is still the owner of the house and is only intending to leave it to you and not your husband, your husband may lose his wife and his home all in one fell swoop. I would give some additional thought to the home ownership aspect of this all. 

Just my $0.02!

Post # 8
1377 posts
Bumble bee

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WesterosBarbie:  Doesnt matter when you recieve your inhertance, it will be yours as long as you don’t co-mingle the monies.

You aren’t legally married until the liscense has been submitted to the clerks office, so I imagine its not ‘official’ until then, however, you’ve both signed in good faith so a lag in the paper work shouldn’t matter.

As for the house and how you want to outline that in the document, its totally your choice, speak to a lawyer as how to best proceed. Again, your mother could gift the home to you as a part of your interhitance(protecting it), I just don’t know if inheritance laws trump the laws around martial home status.

You should include life insurance in your prenup too. Make sure that you are the beneficiaries on eachothers policies, otherwise, if you divorce and he marries again, wife #2 gets the cash if he dies, not you (** espicially if you have children together).

Post # 9
47409 posts
Honey Beekeeper
  • Wedding: November 1999

Definitely seek legal advice. Some of your ideas are fraught with difficulty. If you state that only a female can inherit your house, there could be a protracted legal battle if you don’t have a daughter. Would you be happy of a female second cousin once removed inherited your house instead of one of your sons?

Post # 10
199 posts
Blushing bee
  • Wedding: July 2017

Definitely seek out an attorney! A lot of what someone will say depends entirely on what type of marital property system your state used (for instance, inheritances may be separate property in a community property state even after marriage unless certain circumstances occur), and postnuptials are allowed in at least some US states… But only a qualified family law attorney will be able to give you the right set of advice for your situation

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