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This woman (and attorney) would highly advise all people to have a prenuptial agreement.
Posts: 8794 | From: 01-20-09 The End of an Error | Registered: Dec 2004
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Not if it was a fair one but so often they are not fair as the party demanding it is seeking to hold onto everything.
Posts: 3809 | From: Paradise | Registered: Mar 2003
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Pre-nuptial agreements do not have a legal status in English law, courts can take them into account in divorce settlements, but they're not enforceable if the divorce court thinks they are unfair.
Posts: 5593 | From: Egypt | Registered: Dec 2005
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In the US, a prenuptial has the force of (contract) law, unless it's deemed unconcionably unfair to one of the parties, or if it can be proved one or both parties signed under duress, fraud, etc. In addition, one lawyer cannot draft the document for both parties -- each has to have his own lawyer review/approve it, to help prevent unfair terms.
I recommend it to people here in the US, especially if they have children by a prior marriage, because spouses automatically get certain assets in the event of death or divorce, and most people want to protect these assets to pass onto their children.
Posts: 8794 | From: 01-20-09 The End of an Error | Registered: Dec 2004
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Pre-nuptial agreements do not have legal status in Romanian law too and have no value into the courts.
Posts: 1414 | From: far away | Registered: Sep 2004
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In islam prenuptial Agreement is OK unless it restricts a Halal or agrees on something that is Haram
Posts: 1022 | From: cairo | Registered: Oct 2005
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There's no practical use of such an agreement under Egyptian law whereas there's no confusion of each party's assets and who would they ultimately belong to. Sometimes, of course, it is the bride who requests a document evidencing the movables that have been brought by her into the household. Any dispossal of those assets by the husband would qualify for a criminal offence (breach of feduciary duty).
Posts: 88 | From: Khonfesharia | Registered: Jun 2004
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quote:Originally posted by bibo1978: In islam prenuptial Agreement is OK unless it restricts a Halal or agrees on something that is Haram
Bibo, I'd be interested in knowing more about that, if you don't mind. I know we've had this discussion on the board here about Egyptian law, with marital contracts not being allowed to specify that a husband is prohibited from taking a second wife.
But American Muslims put this type of clause in their marriage contracts all the time. Is that still prohibited under Islamic law?
FWIW, I think Islamic marriage contracts are really cool and have protected women's rights long before we had anything similar here in the U.S. at least, if not English common law. Don't know much about French civil law.
Posts: 8794 | From: 01-20-09 The End of an Error | Registered: Dec 2004
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don't egypt have civil marriages!!! I think lebanon either have civil marriages or there is talk of introducing some legislation to allow that. None of the gulf states have civil marriages.
Posts: 299 | From: Dubai | Registered: Jan 2006
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quote:Originally posted by bibo1978: In islam prenuptial Agreement is OK unless it restricts a Halal or agrees on something that is Haram
Bibo, I'd be interested in knowing more about that, if you don't mind. I know we've had this discussion on the board here about Egyptian law, with marital contracts not being allowed to specify that a husband is prohibited from taking a second wife.
But American Muslims put this type of clause in their marriage contracts all the time. Is that still prohibited under Islamic law?
FWIW, I think Islamic marriage contracts are really cool and have protected women's rights long before we had anything similar here in the U.S. at least, if not English common law. Don't know much about French civil law.
Snoozin I don't have enough knowledge but what I heard regarding this that it is not halal to put that in the prenuptial agreement because marriage for more than one woman is halal and this will contradict with that, yet a woman can have her right to take the divorce initiative within a prenuptial agreement which means that woman can divorce herself if she and her husband agrees on that on prenuptial agreement, so if you are afraid from him getting married to another one you can take the right to divorce yourself and by this way you can divorce'em anytime ).. if he agreed ..
Posts: 1022 | From: cairo | Registered: Oct 2005
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it seems that there are less gold diggers in europe compared to the states. in the states, prenuptials are fully enforceable and have become a standard for wealthy people (mostly initiated by men), and growing in popularity among the upper middle class!!
Posts: 299 | From: Dubai | Registered: Jan 2006
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quote:Originally posted by bibo1978: In islam prenuptial Agreement is OK unless it restricts a Halal or agrees on something that is Haram
Bibo, I'd be interested in knowing more about that, if you don't mind. I know we've had this discussion on the board here about Egyptian law, with marital contracts not being allowed to specify that a husband is prohibited from taking a second wife.
But American Muslims put this type of clause in their marriage contracts all the time. Is that still prohibited under Islamic law?
FWIW, I think Islamic marriage contracts are really cool and have protected women's rights long before we had anything similar here in the U.S. at least, if not English common law. Don't know much about French civil law.
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).. if he agreed ..
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