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Phillygirl
06-25-2008, 07:55 PM
I just had to recommend that a woman not get married on Friday. Sometimes I hate my job. :(

linda22003
06-25-2008, 07:57 PM
What day of the week DID you recommend she marry?

gator
06-25-2008, 07:57 PM
I just had to recommend that a woman not get married on Friday. Sometimes I hate my job. :(

After spending a day in jury duty I can understand a lawyer hating her job.

Molon Labe
06-25-2008, 07:59 PM
I just had to recommend that a woman not get married on Friday. Sometimes I hate my job. :(

I'm lost....Why not? I got married on a Monday...Sometimes I wish I hadn't, but we were spontaneous and all back then.

Phillygirl
06-25-2008, 08:00 PM
After spending a day in jury duty I can understand a lawyer hating her job.

Did you get seated?

Phillygirl
06-25-2008, 08:00 PM
I'm lost....Why not? I got married on a Monday...Sometimes I wish I hadn't, but we were spontaneous and all back then.

I bet you weren't a cheap ass on Sunday.

gator
06-25-2008, 08:03 PM
Did you get seated?

No. A drug using moron was accused of a violent crime. I was asked if I could separate the drug use from the crime. I said 'hell no". They picked a 19 year old literate fry cook at McDonalds instead of me.

Molon Labe
06-25-2008, 08:10 PM
No. A drug using moron was accused of a violent crime. I was asked if I could separate the drug use from the crime. I said 'hell no". They picked a 19 year old literate fry cook at McDonalds instead of me.

But of course...The easy way to get out of jury duty is to take a principled stand on an issue that goes against the current legal trend. Good job.

Jumpy
06-25-2008, 08:15 PM
Why did you advise her to not get married? What does she have invested in the wedding already? If it is "just" a JP wedding, then maybe she will take your advice. If the guests have already bought her gifts, and the caterers are paid.... I can't imagine that she will take your advice.


Did the groom not want to agree to a prenup?

Phillygirl
06-25-2008, 08:20 PM
Why did you advise her to not get married? What does she have invested in the wedding already? If it is "just" a JP wedding, then maybe she will take your advice. If the guests have already bought her gifts, and the caterers are paid.... I can't imagine that she will take your advice.


Did the groom not want to agree to a prenup?

The groom very much wanted the pre-nup. The bride was very willing to sign same. Legally, it was disastrous for her. I suspect she will sign it and get married, despite my advice.

Jumpy
06-25-2008, 08:41 PM
The groom very much wanted the pre-nup. The bride was very willing to sign same. Legally, it was disastrous for her. I suspect she will sign it and get married, despite my advice.

Be sure she has your card... to try to pick up the pieces when she puts him through college.. and he hooks up with his secretary.

megimoo
06-25-2008, 08:50 PM
The groom very much wanted the pre-nup. The bride was very willing to sign same. Legally, it was disastrous for her. I suspect she will sign it and get married, despite my advice.Then the groom had the money and she was willing to forgo any claims on it .correct ?

Phillygirl
06-25-2008, 08:52 PM
Then the groom had the money and she was willing to forgo any claims on it .correct ?

Yes. Although instead of "the" money, I'd say "some" money. Certainly not as much as he thinks he has and he was clearly unwilling to risk parting with any of it.

biccat
06-25-2008, 09:14 PM
The groom very much wanted the pre-nup. The bride was very willing to sign same. Legally, it was disastrous for her. I suspect she will sign it and get married, despite my advice.
Just insist that she add a choice of law provision designating California as the controlling state. Considering their standard of review, it's pretty likely that the prenup would be struck down, especially if he has money and she doesn't.

Zeus
06-25-2008, 09:33 PM
The groom very much wanted the pre-nup. The bride was very willing to sign same. Legally, it was disastrous for her. I suspect she will sign it and get married, despite my advice.

gettimng something for nothing is disastrous ???

Zeus
06-25-2008, 09:34 PM
Yes. Although instead of "the" money, I'd say "some" money. Certainly not as much as he thinks he has and he was clearly unwilling to risk parting with any of it.

I take it you aren't a big fan of seperate property.

lurkalot
06-25-2008, 09:35 PM
asking an attorney advice on matters of the heart...interesting...

Phillygirl
06-25-2008, 09:58 PM
I take it you aren't a big fan of seperate property.

I'm not a big fan of trying to micromanage away any risk when it involves marriage...especially when it's the first marriage, there's a possibility of children, and one party will be giving up the opportunity for career advancement in favor of the other partner's career advancement. Marriage involves a bit of a leap of faith. If only one person is willing to make that leap it's not off to a good start.

Jumpy
06-25-2008, 10:02 PM
asking an attorney advice on matters of the heart...interesting... Well that is what a prenup demands.. an attorney. I would think that the attorney would let either party know if the prenup contract seems unfair to either one of them. Certainly based on the prenups that they have already seen.

SaintLouieWoman
06-25-2008, 10:03 PM
I'm not a big fan of trying to micromanage away any risk when it involves marriage...especially when it's the first marriage, there's a possibility of children, and one party will be giving up the opportunity for career advancement in favor of the other partner's career advancement. Marriage involves a bit of a leap of faith. If only one person is willing to make that leap it's not off to a good start.

Wish you were an attorney here. You sound very principled.

Zeus
06-25-2008, 10:03 PM
I'm not a big fan of trying to micromanage away any risk when it involves marriage...especially when it's the first marriage, there's a possibility of children, and one party will be giving up the opportunity for career advancement in favor of the other partner's career advancement. Marriage involves a bit of a leap of faith. If only one person is willing to make that leap it's not off to a good start.

As an attorney I'm sure you are aware that prenups are more than just trying to screw someone out of something that isn't theirs to begin with. It also entails protection from personal financial liability when it comes to taxes , torts and/or criminal enterprise.

Phillygirl
06-25-2008, 10:16 PM
As an attorney I'm sure you are aware that prenups are more than just trying to screw someone out of something that isn't theirs to begin with. It also entails protection from personal financial liability when it comes to taxes , torts and/or criminal enterprise.

Yes, I'm well aware of the nature and purpose of pre-nups. Although the law doesn't require it, I believe they must fundamentally be fair. Every situation is different in terms of what is considered fair. A relatively young, newlywed couple should not have as their (his/her) primary goal, that there is virtually no sharing of assets or risk of reasonable support in the event that the marriage fails after a reasonable amount of time. Nor should one party expect that all of "his" property remain solely his, even if she contributes to it during the marriage, in the event of death or divorce.

Trust me, Zeus. I'm not opposed to pre-nups as a general rule. There is a reason for them. I am opposed to using a pre-nup as a way to a no-risk, all gain, marriage.

Zeus
06-25-2008, 10:33 PM
Yes, I'm well aware of the nature and purpose of pre-nups. Although the law doesn't require it, I believe they must fundamentally be fair. Every situation is different in terms of what is considered fair. A relatively young, newlywed couple should not have as their (his/her) primary goal, that there is virtually no sharing of assets or risk of reasonable support in the event that the marriage fails after a reasonable amount of time. Nor should one party expect that all of "his" property remain solely his, even if she contributes to it during the marriage, in the event of death or divorce.

Trust me, Zeus. I'm not opposed to pre-nups as a general rule. There is a reason for them. I am opposed to using a pre-nup as a way to a no-risk, all gain, marriage.

Me too. But the reality of "what's mine is mine & what's used to be yours is now mine" divorce statutes I can see where some feel it a nec precaution.

Phillygirl
06-25-2008, 10:35 PM
Me too. But the reality of "what's mine is mine & what's used to be yours is now mine" divorce statutes I can see where some feel it a nec precaution.

What do you think is fair in terms of the definition of "mine" with regards to marriage?

Zeus
06-25-2008, 10:50 PM
What do you think is fair in terms of the definition of "mine" with regards to marriage?

Well that would depend upon situations & agreements upon marriage. Seperate property is off the table in Community property states and a prenupis a good start in establishing the paper trail evidence of such.Yes a good/fair prenup will include as best possible future considerations.