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Old 02-01-2015, 09:25 PM
 
Location: Lebanon, OH
5,693 posts, read 5,947,799 times
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She was from Switzerland so I don't get why she could not read German, Swiss school children learn German, French, Italian and English in school.
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Old 02-08-2015, 08:52 AM
 
3,493 posts, read 4,741,774 times
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There is some stupidity here.

Hey honey, would you please sign this receipt for your magazine subscription, they are billing us in German because I got a cheaper deal that way?

Since she can't ****ing read German, how would she know what it was? Since it came from someone she wanted to marry, why wouldn't she trust him?

Please end the ignorance. Everyone who didn't recognize the implications of not reading the language needs to go visit a library and start expanding their mental capacity.
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Old 02-08-2015, 09:19 AM
 
3,215 posts, read 3,407,458 times
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I wonder if she really doesn't understand German...
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Old 02-08-2015, 09:29 AM
 
6,461 posts, read 6,163,260 times
Reputation: 9787
Her in laws gave her the document to sign. That is weird.
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Old 02-08-2015, 12:00 PM
 
30,173 posts, read 15,439,226 times
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Quote:
Originally Posted by arctic_gardener View Post
I wonder if she really doesn't understand German...
Probably conversational German, but the point stands: If one party legally isn't in a position to understand a contract, it's very likely to be invalid. Contracts made with a person suffering from mental illness have been challenged in the past. It's of course a hard one to prove - otherwise, everyone finding themselves under a contractual obligation they didn't like would claim they didn't understand what they agreed to - but she appears to have a decent case here.
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Old 02-08-2015, 12:12 PM
 
Location: Portland, Oregon
9,827 posts, read 16,017,012 times
Reputation: 6232
In most states for a pre-nup to be valid the party requesting the pre-nup must provide a complete financial statement and the pre-nup contract which the other party must review with their own attorney (paid for by the requesting party).

If the parents presented this document to her and did not take steps to assure that he understood the agreement and its implications most courts would rule that it is null and void.
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Old 02-19-2015, 11:12 AM
 
Location: Germany
817 posts, read 1,344,634 times
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If the prenup was signed in Germany it would have had to be signed in front of a notary (a lawyer) to be effective at all. That notary would have insisted that the prenup was translated into English by a sworn translator and also read aloud in English. Without this, prenups between people not able to fully comprehend German are ineffective here.
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Old 02-19-2015, 11:51 AM
 
13,076 posts, read 12,604,771 times
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Sure, what she did was kinda dumb, but there is a presumption that one's spouse (or spouse-to-be) is acting in good faith in a situation like that. And since they admitted they knew she didn't understand what she was signing, they invalidated the contract all on their own. It would be like entering into a contract with someone you know is mentally incapacitated - you know they can't understand what they just signed, so the onus is on you. In this case, they knew she couldn't understand what she was signing because she didn't know the language - the onus is on them.
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