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Relationship Discussion (non-explicit)
Reply to "Engaged 8 years. I am 50."
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]PP. I have recommended contacting a domestic violence shelter, stashing money by padding expenses, setting up a business so you can pay yourself and contribute to retirement accounts. [b]I also suggested, if you get married, do so quickly and without a lawyer looking over a prenup because a) it’s grounds to challenge it later in divorce and [/b]b) if you’re married for at least 10 years you’re entitled to social security based upon your husbands income. I also asked if you’re not sure that you’re the mistress and suggested therapy. OP, no one thinks you’re actually going to get married but you it’s WILD that after 9 pages of advice that’s what you took from it. [/quote] What the hell is it with you and this ridiculously bad legal advice? No one go signing a prenup without your own counsel because you think that will mean you can get it thrown out later. OP, and everyone else on here, please do not take legal advice from idiots playing at being lawyers on the internet. It's probably a paralegal or something -- there is a reason it's illegal for them to give legal advice. Because they are stupid and know nothing but think they do and they ^*&$# it up. [/quote] Not legal advice, not your lawyer. Most states have minimum requirements for prenups to be enforceable. In CA, documents have to be signed at least 7 days prior to marriage for example. Things like lack of appropriate legal representation, full disclosure of finances, fraud, coercion can all provide grounds for challenge. In OP’s very specific situation, if she could prove at the time that she signed she was being financially abused - like via records from a licensed therapist - and she didn’t have representation and her spouse failed to disclose relevant financial information- like refusing to share details of will or assets…all of that could provide grounds for challenge. Because OP has no income, no financial independence, no assets, and 3 minor children…getting married, if she could get to it would provide far more protection than she has now. Is that relevant advice for everyone? No. Have wives successfully challenged unfair prenups during divorce for exactly these reasons, yes, and they’re the few case law examples that have been successful. I’m not a paralegal, but I see paralegal slander the same way I see charge nurse slander….only the youthful and foolish. [/quote] Oh for heaven's sake. "In Op's very specific situation"? Really? You know what her specific situation is? She has "no assets"? Really? Do you know that? Have you interviewed her? You don't even know what the relevant jurisdiction is, and this is a question of family law. And what is this "they're the few case law examples that have been successful" nonsense? What? You want someone to enter into a prenuptial agreement and purposely forgo getting their own legal advice in the hopes of getting out of the agreement in the future? Based on "the few case law examples that have been successful"? When, again, you don't even know the relevant jurisdiction? How about the "case law examples" of people who are found to have entered into agreements in bad faith? What happens there? Yeah. Ugh -- please, please, please stop playing lawyer. You are a wreck and don't even know it. Either you really are a paralegal, or you are married to a lawyer and think you know something, or your DC is applying to law school and you are obsessed with it. Or you are a lawyer -- just a really horrible one who maybe hasn't been practicing long and has no idea what the hell they are doing; my money is on this one given that "Not legal advice, not your lawyer" disclaimer you put up there. You know a disclaimer like that won't necessarily protect you from a malpractice suit or discipline, right? OP, consult an actual attorney. A family law attorney licensed to practice in your jurisdiction. Do not pay attention to any of these posts that refer to the law -- the law can be complex, especially family law, and no one can advise you competently based on your post here. [/quote]
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