Anonymous
Post 07/21/2017 15:32     Subject: Postnuptial Agreement - Would you sign?
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:This is not just about working but also the value of ownership. This is something your husband is bringing into the household as a property. Because you are already married it may well be considered joint property, it was in my case. You will absolutely want to protect your interests in this business for your own benefit and your childrens'.


If the real concern is about ownership and not money, OP's husband should be willing to offer a generous cash payout in lieu of giving an ownership interest.


Not a lawyer but it would seem like there would have to be some cash payout for OP or some other benefit, for there to be consideration on her side. Otherwise, the postnup might not be worth the paper it's written on... or in OPs case, the paper it ain't gettin written on.


Maybe you should stick to not being a lawyer...


Sick burn, bro.


It's not a burn...what kind of asshole goes on the internet and says "well I'm not a lawyer but here's a legal opinion that I pulled out of my ass without even knowing the jurisdiction in which OP resides."
Anonymous
Post 07/21/2017 15:28     Subject: Postnuptial Agreement - Would you sign?
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:This is not just about working but also the value of ownership. This is something your husband is bringing into the household as a property. Because you are already married it may well be considered joint property, it was in my case. You will absolutely want to protect your interests in this business for your own benefit and your childrens'.


If the real concern is about ownership and not money, OP's husband should be willing to offer a generous cash payout in lieu of giving an ownership interest.


Not a lawyer but it would seem like there would have to be some cash payout for OP or some other benefit, for there to be consideration on her side. Otherwise, the postnup might not be worth the paper it's written on... or in OPs case, the paper it ain't gettin written on.


Maybe you should stick to not being a lawyer...


Sick burn, bro.
Anonymous
Post 07/21/2017 15:27     Subject: Re:Postnuptial Agreement - Would you sign?
Anonymous wrote:If I was OP and DH insisted, I would bring it to a lawyer and have them review. At the very minimum require DH to pay for his children's education regardless if you split now that he has the resources.


Wow, are you serious? No way would I sign anything. He can file for divorce.
Anonymous
Post 07/21/2017 15:25     Subject: Postnuptial Agreement - Would you sign?
Anonymous wrote:
Anonymous wrote:OP again. No. Not young, childless or newlywed. I wouldn't say I have always contibuted equally because of circumstances with unpaid maternity leave, and I have student loan debt and he does not. But I definitely am not the sit on my behind and get taken care of type.

I guess I should maybe expect divorce papers too, huh?


Not necessarily, but I would definitely be suspicious of his asking for this in the context of a well-established marriage.


This. How was your relationship before you found out about the post-nup?
Anonymous
Post 07/21/2017 15:22     Subject: Postnuptial Agreement - Would you sign?
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:This is not just about working but also the value of ownership. This is something your husband is bringing into the household as a property. Because you are already married it may well be considered joint property, it was in my case. You will absolutely want to protect your interests in this business for your own benefit and your childrens'.


If the real concern is about ownership and not money, OP's husband should be willing to offer a generous cash payout in lieu of giving an ownership interest.


Not a lawyer but it would seem like there would have to be some cash payout for OP or some other benefit, for there to be consideration on her side. Otherwise, the postnup might not be worth the paper it's written on... or in OPs case, the paper it ain't gettin written on.


Maybe you should stick to not being a lawyer...
Anonymous
Post 07/21/2017 15:14     Subject: Postnuptial Agreement - Would you sign?
Anonymous wrote:OP again - it's not inheritance. It's a family business deal on his side involving him and multiple family members, which will potentially yield several millions of dollars over the next 10 years.


I wish you the best, OP. But if I had a dollar for every time someone told me about a family business deal that was guaranteed to be a big hit, I would be the one who is a millionaire. Obnoxious UMC people are notorious for this shit.
Anonymous
Post 07/21/2017 15:11     Subject: Postnuptial Agreement - Would you sign?
I've only heard about this in the case of cheating. Never in your context. I would be hurt - and angry - too.
Anonymous
Post 07/21/2017 15:02     Subject: Postnuptial Agreement - Would you sign?
Anonymous wrote:
Anonymous wrote:This is not just about working but also the value of ownership. This is something your husband is bringing into the household as a property. Because you are already married it may well be considered joint property, it was in my case. You will absolutely want to protect your interests in this business for your own benefit and your childrens'.


If the real concern is about ownership and not money, OP's husband should be willing to offer a generous cash payout in lieu of giving an ownership interest.


Not a lawyer but it would seem like there would have to be some cash payout for OP or some other benefit, for there to be consideration on her side. Otherwise, the postnup might not be worth the paper it's written on... or in OPs case, the paper it ain't gettin written on.
Anonymous
Post 07/21/2017 15:00     Subject: Re:Postnuptial Agreement - Would you sign?
Anonymous wrote:This is not that crazy

You should ask for the reasons. They may not involve just the money.

One reason that I could think of is that his partners (family in this case) are in business with him, and not you. If something happened to him, they may not want to be in business with you, which is completely fair. That said, if you are going to fight for something, it should be the right to be redeemed in the event of his death at market value - they would be required to buy you out.

This could be something that they are doing to protect themselves. Have you asked what other spouses are doing?


Shouldn't that be dealt with in the legal structuring of the business, then? As the PPS clarifying the partnership agreements have pointed out, businesses are typically protected from spousal claims by the partnering agreement, not by having spouses sign postnups.

Having a postnup executed makes it seem like OPs spouse is trying to keep her from benefiting from the business. A business which, it could easily be argued, he might not have had the stability and flexibility to pursue without OPs support (both emotional and financial).
Anonymous
Post 07/21/2017 14:58     Subject: Postnuptial Agreement - Would you sign?
Anonymous wrote:This is not just about working but also the value of ownership. This is something your husband is bringing into the household as a property. Because you are already married it may well be considered joint property, it was in my case. You will absolutely want to protect your interests in this business for your own benefit and your childrens'.


If the real concern is about ownership and not money, OP's husband should be willing to offer a generous cash payout in lieu of giving an ownership interest.
Anonymous
Post 07/21/2017 14:53     Subject: Postnuptial Agreement - Would you sign?
This is not just about working but also the value of ownership. This is something your husband is bringing into the household as a property. Because you are already married it may well be considered joint property, it was in my case. You will absolutely want to protect your interests in this business for your own benefit and your childrens'.
Anonymous
Post 07/21/2017 14:50     Subject: Re:Postnuptial Agreement - Would you sign?
I'd be offended whether the idea came from him or his family. After 15 years of marriage, shouldn't they think of you as their family as well? I hope your followup conversation with your husband goes well!
Anonymous
Post 07/21/2017 14:49     Subject: Postnuptial Agreement - Would you sign?
Anonymous wrote:Is DH's day job working for this business? Because if so, no way would I relinquish a claim on that, like I wouldn't with any other earnings.

If this is a family business he has nothing to do with day-to-day, that might be different for me. Then this is almost like a family inheritance without a death? I guess I'd be more sympathetic to that version of events, if no amount of our family resources (including time) went into this endeavor.


I guess if one is feeling charitable to a fault, this logic holds.
Anonymous
Post 07/21/2017 14:41     Subject: Re:Postnuptial Agreement - Would you sign?
Anonymous wrote:This is not that crazy

You should ask for the reasons. They may not involve just the money.

One reason that I could think of is that his partners (family in this case) are in business with him, and not you. If something happened to him, they may not want to be in business with you, which is completely fair. That said, if you are going to fight for something, it should be the right to be redeemed in the event of his death at market value - they would be required to buy you out.

This could be something that they are doing to protect themselves. Have you asked what other spouses are doing?


Agree with this that their could be valid reasons for it and you need to talk to him about it before you start freaking out.
Anonymous
Post 07/21/2017 14:34     Subject: Re:Postnuptial Agreement - Would you sign?
This is not that crazy

You should ask for the reasons. They may not involve just the money.

One reason that I could think of is that his partners (family in this case) are in business with him, and not you. If something happened to him, they may not want to be in business with you, which is completely fair. That said, if you are going to fight for something, it should be the right to be redeemed in the event of his death at market value - they would be required to buy you out.

This could be something that they are doing to protect themselves. Have you asked what other spouses are doing?