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Justicar-terrae t1_j9wwsgt wrote

I'm a lawyer. Much of what you said is almost correct legal jargon, but very little of it matches my understanding of the law. But I'll grant that my legal education focused on Louisiana, so perhaps the legal jargon and rules are simply different in your jurisdiction.

When you say "provides tighter conditions on what terms lead to the contract being executed in the event of a divorce" what do you mean by this? As I understand the term, to "execute" a contract is to bring it into existence, usually by signing it. So a prenuptial agreement would be executed long before divorce. Also, a prenuptial agreement might have terms that trigger in the event of a divorce; but a prenuptial agreement just as often has terms that govern the marriage prior to divorce as well.

When you say it prevents "no fault divorce," what do you mean? I am unaware of any jurisdictions that allow parties to contract out of the option for a no-fault divorce. Even Louisiana, which uniquely has "covenant marriage" programs designed to limit divorce, allows no-fault divorces after a lengthy waiting period.

I don't understand what you are trying to say in your second paragraph. Are you just noting that a prenuptial agreement might provide that an adulterous party will face penalties in the event of a divorce? A prenuptial agreement might indeed have such a provision, but it might not. In general, parties have plenty of leeway to structure their marriage contract so long as their agreement doesn't offend public policy in some way (e.g., disavowing paternity of children from the marriage or condoning one-sided adultery).

As for your last paragraph, the "well in advance" bit seems unnecessary. You'll want to involve attorneys to make sure the agreement is enforceable. Depending on your jurisdiction's rules, you may also need to involve notaries and/or witnesses (Louisiana, for example, requires either an "authentic act" or signatures acknowledged in court https://law.justia.com/codes/louisiana/2011/cc/cc2331). But, unless there's some jurisdiction-specific rule I'm unaware of, there's no reason the contract needs to be prepared far before the marriage; people can freely modify their marriage by contract even after they have been married.

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A_Garbage_Truck t1_j9y6gto wrote

i defer expertise to you on the matter, as i might have worded some of the ideas poorly.

on the "executed" bit i meant ot say voided.

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