Legal Question in Family Law in Mississippi
pre-nuptial agreement
i am considering re-marriage but have huge debts that
i do not want my wife to be responsible for after
we are married. we were divorced approximately three years ago after 40 years of marriage. none of my debt carries over from that marriage. will a pre-nuptial agreement be necessary to ensure that she will not be incumbered with any of my debts?
3 Answers from Attorneys
Re: pre-nuptial agreement
I'm not licensed in Mississippi -- only in Tennessee, so you should consult an attorney there to be sure, but generally speaking there would be requirement to get a prenup to avoid having your wife stuck with your debt... in fact I can't see how a prenup could possibly allow her to avoid responsibility for your debt if your creditors had a way of holding her responsible.... the prenup is strictly an agreement between you and her.... not you and your creditors
Jes Beard
Jes Beard, Attorney at Law
737 Market St., Suite 601
Re: pre-nuptial agreement-- Who's the WE?
Are you remarrying your spouse of 40 years, the one you divorced three years ago? How romantic! :)
Barbara C. Johnson
Law Office of Barbara C. Johnson
6 Appletree Lane
Re: pre-nuptial agreement
A person does not become responsible for their spouse's debts after marriage unless
they agree, in writing, to pay the debt. A pre-nuptial agreement does not change the
obligation to pay prior debts but it may make it easier to persuade creditors that the
new wife is not responsible.
Alan Pransky
Law Office of Alan J. Pransky
20 Eastbrook Road