Separation / Divorce
My husband and I have been separated since Sept. and are living in different states. His lawyer has written a Post-nuptial agreement stating basically that what is in his possesion is his and what I have is mine and that neither is intitled to anything from the other. It also states that either party may file for divorce or separate maintenance without negating this agreement. So, my question is: Is this in fact a legal separation? If not, what would be the purpose of this document?
Re: Separation / Divorce
The purpose of the document is most likely to say "even if you would otherwise be entitled to x in the divorce this agreement says H gets to keep it." I don't recommend signing it without having an attorney looking at it to advise you as to what the document means.
It does not make you divorced, and you would have to file for divorce in order to be divorced, or file for separation to be legally separated.
The proposed agreement is just intended as a way to get you to agree that certain property is his and certain property is yours. You want to make sure the agreement is fair before you sign it. Many times people will sign one-sided agreements (even marital settlement agreements entered by the court) that are more favorable to one party than the other. This often happens when one isn't represented and the other is. Do not let this happen to yourself.
Re: Separation / Divorce
The purpose of the document is most likely to say "even if you would otherwise be entitled to x in the divorce this agreement says H gets to keep it." I don't recommend signing it without having an attorney looking at it to advise you as to what the document means.
It does not make you divorced, and you would have to file for divorce in order to be divorced, or file for separation to be legally separated.
The proposed agreement is just intended as a way to get you to agree that certain property is his and certain property is yours. You want to make sure the agreement is fair before you sign it. Many times people will sign one-sided agreements (even marital settlement agreements entered by the court) that are more favorable to one party than the other. This often happens when one isn't represented and the other is. Do not let this happen to yourself.
Re: Separation / Divorce
The purpose of the document is most likely to say "even if you would otherwise be entitled to x in the divorce this agreement says H gets to keep it." I don't recommend signing it without having an attorney looking at it to advise you as to what the document means.
It does not make you divorced, and you would have to file for divorce in order to be divorced, or file for separation to be legally separated.
The proposed agreement is just intended as a way to get you to agree that certain property is his and certain property is yours. You want to make sure the agreement is fair before you sign it. Many times people will sign one-sided agreements (even marital settlement agreements entered by the court) that are more favorable to one party than the other. This often happens when one isn't represented and the other is. Do not let this happen to yourself.
