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From: ed@mtxinu.UUCP (Ed Gould)
Newsgroups: net.singles
Subject: Re: How to enter marriage
Message-ID: <345@mtxinu.UUCP>
Date: Sun, 14-Apr-85 03:33:33 EST
Article-I.D.: mtxinu.345
Posted: Sun Apr 14 03:33:33 1985
Date-Received: Fri, 19-Apr-85 00:23:35 EST
References: <1560021@acf4.UUCP> <329@ttidcc.UUCP>
Organization: mt Xinu, Berkeley, CA
Lines: 20

> >	b) If possible, crank out a pre-nuptial agreement. It will save your
> >	   skin if the unhappy event arises.
> 
> The latest ruling I heard is that the divorce  laws  of  the  state  you're
> residing in at the time of the divorce take precedence over any pre-nuptial
> agreement, marriage contract, etc.. _Do not_ count on such an agreement  to
> stand up in court in the event of a hostile divorce.

The understanding I have from a lawyer friend is that the courts have
traditionally not upheld pre-nuptual agreements is that they've found that
one party (usually the man) made an unfair agreement a precondition of
marriage.  (E.g., "You want to get married.  I'll marry you if you sign
this agreement that says I get to keep everything if we're ever divorced.")

If the pre-nuptual agreement is deemed by the court to be fair to both
parties, and entered into freely, it will likely be upheld.

-- 
Ed Gould		    mt Xinu, 739 Allston Way, Berkeley, CA  94710  USA
{ucbvax,decvax}!mtxinu!ed   +1 415 644 0146