The couple is planning to marry soon; the one filing has debts and no assets. the one not filing has assets, self earned property, more income and retirement benefits/401K. Debts from the person filing are from a previous marriage/relationship. Is there any legal obligation to either party if the filing party signs the prenup agreement?
A pre-nuptial agreement could be signed before the bankruptcy discharge. However, it would be advisable to wait to get married until after the discharge as any changes in income should be disclosed to the bankruptcy court.
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Generally, debts incurred prior to the marriage are not the responsibility of the new spouse. But there are exceptions.
Technically there is no problem with signing a pre-nup, even if you are in bankruptcy, but you could end up in a situation where you have to make it known to the BK court.
As the other attorney said, let the BK go through and receive your discharge. Then sign the agreement and get married.
If you have a BK attorney, you should definitely discuss it with him or her.
A prenuptial agreement generally deals with limiting property rights that are otherwise created by marriage. The bankruptcy deals with a snapshot of the individual's finances at the time of filing. There does not seem to be any connection between the two, and I see no reason why someone who has filed bankruptcy cannot enter into a prenuptial agreement regarding future rights in the event of marriage.
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