how can I force my husband to sign a post-nuptial agreement? I am leaving him and i dont want he take loans and debts and I pay for it. I have not decided to divorce yet. He doesnt want to sign post-nuptial agreement and I am so concerned.
Personal Injury Lawyer
An agreement means there is a meeting of the minds. Any contract requires that the parties agree, that is that they understand what it is that they are doing, and that they give their full consent to the terms of the agreement. You can not force the other person to agree. My take, based on the limited info in the post, is that you need a marital mediator to explore facts and determine if there is some common ground which could lead to an agreement.
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
As to your bare question, you cannot force ex to do anything. Otherwise, Andrew gave you great advice.
I am not licensed in Iowa, but i think you should talke to an Iowa family law attorney ASAP. I can tell you that in California, once you file for divorce, both spouses are protected from that oint on from the acts of the other. So if you were in CA and you filed for divorce, your husband could go out and borrow $1,000,000 and you would not be responsible for that debt. However, and debt before you file for divorce will be both of yours 50/50. The important thing to remember is that CA is a Community Property state and Iowa is not. It is very important for you to talk to an attorney in Iowa that can give you proper guidence. Hopefully an Iowa attorney will answer your question here on AVVO. You can use AVVO to find a family law attorney close to you. Good luck.
Every situation is different, it is important to discuss your legal issue with a knowledgeable attorney in your jurisdiction. To schedule an appointment with me please contact me at 800 220-4205 or www.MartyBurbankLaw.com