Is it possible to have my fiance sign a legal agreement before marriage that will exclude me from financial liability?

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Is it possible to have my fiance sign a legal agreement before marriage that will exclude me from financial liability?

My x-wife and I are getting married again. Is it possible to have my x-wife sign
a legal agreement before getting married again to exclude me from any financial
liability?

For example I don’t want to be liable for any debt incurred either before after
the date of the second marriage, and also if we were to get divorced for a second
time, I don’t want to be legally responsible for any financial liability.

Asked on August 19, 2017 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, such an agreement would not help you. You cannot contract away the rights of people who don't sign the contract to hold you liable, so if you jointly buy anything with her, or guaranty any of her debts (e.g. cosign a loan or  car), the person to whom money is owed can go after you, too. Make sure to not incur any debt with her, if you don't want to be liable.


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