Page 99 - The Circle of Life
P. 99
You are in good company for very few people including lawyers have a full
understanding of contracts. If they did there would be no arguments in court
afterwards.
The basic clauses in an antenuptial are to exclude all of the common law
consequences of a marriage in community of property. Thus the first clause is
to exclude any and all community of property between the spouses meaning that
each has his own estate and no liability towards the others debts. You will find
though that your worst enemy (banksters and other creditors) will try their luck
by asking you to sign with your husband on their documents regardless how you
are married. I assure you they would have a surety clause in place to bind you
for that is the only way you can become liable for debts which is not your own.
You can read all about your legal rights against banksters in my free book Your
Worst Enemy which deals with your professional relationship with your bank
build on sincere mutual distrust.
Never sign surety and never trust your worst enemy. It is that simple. Even the
Bible says that: "He who puts up security for another will surely suffer but
whoever refuses to strike hands in pledge is safe." Proverbs 11 v 15 that is in
case your Reverend failed you. The entire ring fencing protection in the world
will not help you if you stood surety.
Secondly the contract must regulate your marriage relationship which may not
be against the law or contrary to the good morals of the public. Once again we
are at the lawful purpose of a legal contract as discussed in the beginning. You
cannot have a legal contract to sell cocaine for instance or have a green card
arrangement.
When married out of community of property you have to specify if you want the
accrual system or not. I will always advise you to include the accrual as it is only
fair in my eyes. Unless you specifically exclude the accrual it will form part of
your marriage. Whatever is described in the antenuptial must be properly and
thoroughly described and not vaguely. You want no uncertainty or arguments
about it later. Money can also be excluded by the way and certain categories of
income are always excluded. This will be things like damages awarded for pain
and suffering. All inheritances or gifts unless said in the antenuptial it will be
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