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Mail Order Bride and Mail Order Brides Pre-nuptials 201
Ask your Mail Order Bride to do something illegal and screw up your Pre-nuptial. Heres how;
There are some things you just can't -- or shouldn't -- do with a Mail Order Bride Pre-nuptial. State laws differ as to what matters are considered off-limits. However, as a general rule, any agreement to do something that is illegal or against state-defined public policy will be considered unenforceable -- and may even jeopardize other valid aspects of the premarital agreement.
Here are some things that you can't do, at least in some states:
Restrict child support, custody, or visitation rights.
No state will honor agreements limiting or giving up future child support. The same holds true of agreements limiting future custody and visitation rights. This is because state lawmakers consider the welfare of children to be a matter of public policy and do not enforce any private agreements that would impair a child's right to be supported or to have a relationship with a parent in the future.
Give up the right to alimony, in a few states.
A handful of states similarly limit your ability to give up your right to alimony -- also called spousal support or separate maintenance -- if there is a divorce. Other states permit such waivers, so you will need to know what your state laws say if you are considering this kind of agreement.
Don’t make it worth her while to divorce you.
If the agreement appears to offer a financial incentive for divorce to one party, it may be set aside.
Dirty Laundry does not go in a Mail Order Bride Pre-nuptial.
For practical reasons, you should keep personal agreements out of your Mail Order Bride Pre-nuptial. Leave out the sexual conduct requirements from your Mail Order Brides Pre-Nuptial agreement. Likewise requirements that your Mail Order Bride act a certain way around your family or any other conduct controlling requirements. A Mail Order Bride Pre-Nuptial is an agreement as to finances not a behavior monitor.
These kinds of non-monetary agreements aren't binding in court, and in fact they could cause a judge to take your entire Mail Order Bride Pre-nuptial less seriously. Rather than including personal matters in your Mail Order Bride Pre-nuptial, you may find it helpful to simply make a list of your most important concerns and discuss by writing down your personal agreements in a separate document -- perhaps in a letter that each of you writes to the other, clarifying your intentions and wishes. But such letters are not binding agreements and don’t put anything in writing your are going to be embarrassed when ask to read it in front of a court room of your friends and family.
State Laws
Many states have specific statutes that effect the writing of a prenuptial agreement. For illustrative purposes the following is the Texas State Statute that deals with prenuptial agreements;
FAM. 4.003
Statutes and Session Law
FAMILY CODE - TITLE 1. THE MARRIAGE RELATIONSHIP
CHAPTER 4. PREMARITAL AND MARITAL PROPERTY AGREEMENTS
FAM. 4.003 CONTENT.
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§ 4.003. CONTENT.
SUBCHAPTER A. UNIFORM PREMARITAL AGREEMENT ACT
(a) The parties to a premarital agreement may contract with respect to:
(1) the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
(2) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber,
dispose of, or otherwise manage and control property;
(3) the disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
(4) the modification or elimination of spousal support;
(5) the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
(6) the ownership rights in and disposition of the death benefit from a life insurance policy;
(7) the choice of law governing the construction of the agreement; and
(8) any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
(b) The right of a child to support may not be adversely affected by a premarital agreement.
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Article Source: http://ColtonIndustries.org/Mail_Order_Bride_Prenup101 by Bill Simon
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