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Reply to "Postnuptial Agreement - Would you sign?"

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[quote=Anonymous]I think I would need a better understanding of what he expects that post-nup would look like. If it really is about the family trying to make sure the family business stays in their family and all of the spouses are being asked to sign post-nups to keep ownership from being split further outside the family, that's not inherently unreasonable. That said, no post-nup (or pre-nup) should be entirely one-sided. For whatever rights you'd be giving up in the event of death or divorce, the post-nup should provide for reasonable alternative compensation. So, for instance, you agree in the post-nup to forfeit any ownership rights in the family business, but will be given a sum, in addition to any other amounts to which you are entitled, of X. X could be a fixed amount that never changes, a set amount in today's dollars that increases over time to keep pace with inflation and reasonable rate of return, a % of the value of his ownership stake at the time of death/divorce, etc. If you go down this road, you definitely need your own lawyer to make sure you're treated fairly in the agreement.

If he's not 100% on board with that kind of agreement, he's trying to screw you.[/quote]

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