Will a prenup act as a seperation agreement?


#1

My wife(2nd marriage for both of us) are separating. We have a prenup in place that we did prior to the marriage. Will we need a separation agreement at all? Or if one of us chooses to file for divorce, I assume the prenup will stand in place of an agreement. Thanks in advance.


#2

Would have been nice to get a response…


#3

Seriously, you’re complaining after 3 days and not having a response yet? You are aware that the attorney that comes on here to answer questions for FREE does have other cases that he is handling in the office too, right? You know, cases with Paying clients? Patience is a virtue…would have been nice if you had been taught that. Sit back, chill, and I’m sure that you’ll get an answer from the attorney…

My non-attorney answer is that the prenup would hold up, and that you would only need a separation agreement to cover anything that your prenup may not have.


#4

One reason that it may not have been answered in a timely manner is that it depends upon how the prenup is worded, how well it is written, and how well it was executed, which he can’t answer without reviewing the document. You may wish to get an attorney to review the prenup both to see if the existing clauses hold up now and to determine what’s lacking that will need to be covered in a SA.


#5

Thanks you for the replies. Prior to marriage, we had the prenup written by and reviewed by both of our lawyers. I believe that it is a well written document. My wondering is that if the prenup holds( and I think it will) do I need to have a seperation agreement at all? Or will it simply be a matter of filing for divorce when the time is right?

To those that think I was being rude, sorry. At the time of my first post, my wife was packing her stuff, and at the time of my second posting, the moving van was pulling up. Seeing my posting going further and further down on the list with no reply gave me concern. You dont know me, you dont know what I am going through.


#6

Other than the statement about reviewing the prenup again with an attorney to cover any holes or any changes in circumstances since y’all were married, I can’t really say anything else.

About the defense of the attorneys on this site, some of us who have been on here a long time are a bit defensive of the attorneys because periodically someone comes on, demands a lot of answers, then gets rude and ungrateful when essentially they have been receiving free advice for what could/would cost them hundreds of dollars billed in 6 min increments. They either are angry about the delay or about not getting the kind of black/white answer they want when the attorneys haven’t reviewed the legal documents of their case and therefore can’t give a solid answer. (and, of course for many things, there is NO solid answer.) These are attorneys working for Rosen who have to make responses to the forum IN ADDITION to their own workloads, which can be sizable. For those out there who care to notice, Ryan often responds to questions after midnight.

Some of us on the site are not attorneys, like myself, and offer what knowledge we’ve gleaned after reading numerous attorney replies to similar questions or from our own experiences with the courts and study of the law. (I’d be in law school right now if I could afford it.) Having said that, because we have been down similar roads (I myself come from having been a child of divorce, a grandchild of divorce, a divorcee, and a stepmum.), we do understand how traumatic divorce can be and that certain processes need quick responses.


#7

A separation agreement would cover issues not addressed in the prenuptial.


#8

Thank you, Ryan.