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Pages: Question on Post Nups... [1]
Author Topic: Question on Post Nups...
garrard

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Posts: 42

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2015-06-14 22-56-45

Question on Post Nups... Okay, I also posted this in the girl search sex black jack forum, and am curious as to anyone here knowing the answers as well.... Can a POST NUP, if agreed upon by both parties and in writing, be LEGALLY upheld and used instead of a divorce? Although we BOTH are currently divoricing, financially for BOTH of us (weir circumsatnces) it might be in our best interest to just legally split then to divorce. Yet, in a seperation (iven with agreement) a divorce suit would in fact " girl search sex cam " the agrement and not mean much in the end. So, does a POST NUP hold more and can be used should either party decide at some point in the furute to divorce? Thanks
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Jurgen

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Posts: 49

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2015-07-04 0-51-51-

Each get your own representation Sheshunoff v. Sheshunoff, No. x-x-x-CV, not yet published (CA, Austin). Before the ‘x marriage H & W signed a pre-nuptial agreement which was amended or superceded in ‘x by a new agreement. In x with the aid of various CPA’s, attys, et al, H & W signed a post-nuptial agreement purportedly for tax reasons whereby W got $x million and H got a negative $x million. x mos. after the post-nup was signed, shockingly W filed for divorce seeking enforcement of the post-nup. The procedural girl search sex cam chat and outs of this case are rather complex and must be read to fully appreciate the CA’s opinion but basiy here’s what happened. H plead as a defense what you and I would the common girl search sex chat defenses – fraud in inducement, duress, breach of fiduciary duty, etc. W claimed that H can’t raise these defenses as §x.x(c) specifiy says these common girl search sex chat free defenses are girl search sex chat online as §x.x(a) outlines the only permissible defenses. W’s S/J is granted and H appeals. The CA held that §x.x(a)(x) says the agreement isn’t valid if a party did not sign it voluntarily but there is no definition of “voluntarily.” The CA ruled that altho H’s common defenses are not defenses as such, the common defenses can be plead and proved as a part of the determination of “voluntariness.” The CA also said even if W had the subjective intent to divorce him before signing the new agreement (altho she said otherwise), this is not inducement fraud so long as H understood the terms and effect of the agreement he was about to sign, i.e. W’s girl search sex chat online free don’t bear on the issue of “voluntariness.” T/C’s judgment is affirmed.
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  • christian

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    Posts: 12

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    2015-07-07 4-51-32-

    Postnuptial agreements are both valid and legally binding.
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  • stanbrough

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    2015-08-14 16-40-09

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  • minturn

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    2015-09-07 8-30-49-

    Yes, thanks. OP posted in girl search sex chat rooms .
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    emmel

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    2015-10-07 6-42-52-

    they can be binding and upheld but they are less reliable than prenuptials agreements since a post nuptial involves financial interest from both parties that has already been dispersed to the community property. I don't understand what you are asking exactly since you are still getting a divorce and either party can dispute the post nuptial.
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