Saturday, January 26, 2008

Can a written marriage agreements without a lawyer stand up in court? -

My boyfriend and i want to get married for more practical than love reasons. But we want to make sure that neither have complete power over the other. If we make an agreement without a lawyer, written and signed with more than one witness that we can annul the marriage without the others consent, can this piece of paper stand up in the future? I live in New York City.

No. You have to buy a license, You have to go to court to end it. You can exclude property from quot;communityquot; but for the rest, bite the bullet and hire an attorney. Actually you can try NYU Law School.

The terms you propose for your quot;marriagequot; defeat the purpose of marriage. A marriage cannot be annulled without the consent of the other (unless you go to court for a contested divorce) and as for quot;power over the otherquot; the spouse always has power of attorney over their spouse s well-being as their next of kin (that is, if the other spouse is unable to speak for him or herself). If you don t like those features of a marriage then there really is little practical reason to get married (I don t even think those terms would hold up in court).

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