Posted on Sep 12, 2023
Why can't JAG help with pre/postnuptial agreements?
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JAG can help set up a trust and wills which are directly linked to our families' financial futures. Why can't they help with pre and postnuptial agreements for SMs?
I'm certain there is a legal answer to this question.
How many times have you heard (or personally experienced) a fellow SM get destroyed in divorce simply because they didn't think to setup a prenuptial agreement? I have been the investigating officer for a suicide for a Soldier that felt like he lost all hope. During the investigation, every member of his command confirmed that he was a stellar NCO that simply married a local on a whim. She then proceeded to bleed him dry financially and then have her family threaten him because he wasn’t providing enough.
I have also seen multiple instances where Soldiers became utterly useless for months because they couldn't handle the financial destruction that divorce brought.
There are certainly more issues at play here than just marriage, but a prenuptial agreement and pre-marital legal counseling could have prevented these issues. This appears to be a missing force protection measure.
I'm certain there is a legal answer to this question.
How many times have you heard (or personally experienced) a fellow SM get destroyed in divorce simply because they didn't think to setup a prenuptial agreement? I have been the investigating officer for a suicide for a Soldier that felt like he lost all hope. During the investigation, every member of his command confirmed that he was a stellar NCO that simply married a local on a whim. She then proceeded to bleed him dry financially and then have her family threaten him because he wasn’t providing enough.
I have also seen multiple instances where Soldiers became utterly useless for months because they couldn't handle the financial destruction that divorce brought.
There are certainly more issues at play here than just marriage, but a prenuptial agreement and pre-marital legal counseling could have prevented these issues. This appears to be a missing force protection measure.
JAG
Marriage
Posted 1 y ago
Responses: 3
Suspended Profile
Jurisdiction is the primary legal reason in the scenario of your question. JAG is limited when it comes to handling civilian legal matters like prenuptial and postnuptial agreements because those are governed by state and federal civil law, not military law. Also, JAG lawyers are typically not licensed or authorized to practice law in civilian courts, which is where these agreements are enforced. This is about civilian family law, which is complex and requires specialized knowledge about laws that change a lot and are different from state to state.
Secondly, pre/postnuptial agreements require the consent of both parties (legal agreement) and JAG is normally prohibited from representing both parties in a dispute (potential conflict of interest issues too).
JAG's legal assistance is within the scope of military regulations and military law. Yes, they assist with wills and trusts because those have a direct connection to military benefits and estate planning, which are within the scope of military legal assistance. As for pre/post-nuptial agreements, I think the best you will get from JAG is general information, education about these agreements, and a referral to a civilian lawyer if you ask for one.
When you do get a draft agreement made, it's probably a good idea to ask the JAG for a review so they can tell you how your military benefits or service obligations might be affected.
Secondly, pre/postnuptial agreements require the consent of both parties (legal agreement) and JAG is normally prohibited from representing both parties in a dispute (potential conflict of interest issues too).
JAG's legal assistance is within the scope of military regulations and military law. Yes, they assist with wills and trusts because those have a direct connection to military benefits and estate planning, which are within the scope of military legal assistance. As for pre/post-nuptial agreements, I think the best you will get from JAG is general information, education about these agreements, and a referral to a civilian lawyer if you ask for one.
When you do get a draft agreement made, it's probably a good idea to ask the JAG for a review so they can tell you how your military benefits or service obligations might be affected.
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Chief- JAG has little or 0 standing in a civilian court of law- PERIOD! That's the law, so they don't even try to touch/help or get involved.
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JAG can help point people in the right direction. When I first thought about filing divorce I was in Kansas at Riley and they actually had a brief for people divorcing. They clearly stated they cannot represent someone but I think it was more of an informational brief. I didn't go because I didn't end up filing until seven months later and I was in Nebraska by then. But I found a pretty decent lawyer and my divorce was only $1500 because my ex husband didn't bother to show up to it. Default decree. Sole custody. Parenting time at my discretion. One of the times he didn't show up that worked for me. And the decree said all debt prior to the marriage was to be held responsible by the individuals. Even if he had shown up he wouldn't have gotten anything out of me, I probably still would have gotten sole custody. Most he'd have gotten is a parenting plan probably for visitations. I did have some money when we got together which he mooched 3/4 of it. And racked up my credit card that I had to pay off.I mean I think I came out better than him ultimately.
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How is JAG able to create wills and trusts? Aren't those also dependent on each state's probate laws?
Much appreciated. I still think there is some room for a similar 'vanilla' template for prenuptial agreement:
- a financial disclosure
- provide a 14 day waiting period from drafting to signing (pretty sure that covers all states)
- What's in SM's name go to SM (i.e. - military retirement, TSP, personal bank account)
- What's in spouses name goes to spouse (i.e. - pension, IRA, personal bank account)
- Joint accounts/assets are split (joint IRA, homes purchased together, joint bank account)
similar to the the trust and wills, most states have the same basic requirements for a lawful prenup.
But, wondering how can we get away from needing a civilian lawyer? Our civilian legal system views marriage as a contract and marriage contract laws vary state to state. These contracts (if disputed) get scrutinized by the courts and won't pass muster if a basic template doesn't meet the specific marriage AND prenup laws dictated by the state. I suppose you could avoid a civilian lawyer by doing your own legal research and investing time learning the ins and outs of your state's matrimonial laws. But as a legally binding contract, I feel like there could be a significant risk that the agreement could be thrown out of court by a judge if disputed.
Basic services from a JAG won't make the agreement legally binding in the state, but a basic template as part of their legal assistance services could allow us to further customize it to our situation (iron out the details). This then serves an outline of basic terms and we could then bring in a civilian lawyer to final the negotiations and write a draft agreement. The time and effort saved could save the couple a lot of money from having the lawyer starting from scratch.