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Seeking an attorney - 11/26/2006 4:03:37 PM

LadyLockdown

Posts: 12
Joined: 9/18/2006
Status: offline

We are seeking an attorney in the Houston area who is BDSM friendly and experienced in lifestyle prenups. Please respond to my CM email with any referrals or suggestions. Thanks in advance to all who respond.

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Post #: 1

RE: Seeking an attorney - 11/26/2006 4:50:08 PM

stef

Posts: 10215
Joined: 1/26/2004
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What the hell is a "lifestyle prenup?"

~stef

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Post #: 2

RE: Seeking an attorney - 11/26/2006 5:47:16 PM

LTRsubNW

Posts: 1604
Joined: 5/6/2006
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quote:

ORIGINAL: stef

What the hell is a "lifestyle prenup?"

~stef

She's seeking a cuckold lifestyle. I'd guess she wants something that effectively states if she fucks other guys...he can't hold it against her.

(I'd never sign it...but I'd sure like to know if she has any single freinds :) )

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Post #: 3

RE: Seeking an attorney - 11/26/2006 8:36:09 PM

Elegant

Posts: 1024
Joined: 3/15/2005
Status: offline

National Coalition For Sexual Freedom now hosts the KAP (Kink Aware Professionals) list.

http://www.ncsfreedom.org/kap/legal.htm

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http://www.FantasiesInLeather.com

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Post #: 4

RE: Seeking an attorney - 11/26/2006 11:37:48 PM

Mikal

Posts: 3673
Status: offline

But would such a lifestyleprenup hold up in court, 'kink friendly' professionally endorsed or not?

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Post #: 5

RE: Seeking an attorney - 11/26/2006 11:50:54 PM

mnottertail

Posts: 60698
Joined: 11/3/2004
Status: offline

hell no, and I ain't even a lawyer, but I been in court enough.

LOL,
Ron

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Post #: 6

RE: Seeking an attorney - 11/26/2006 11:57:31 PM

UtopianRanger

Posts: 3251
Status: offline

quote:

ORIGINAL: Mikal

But would such a lifestyleprenup hold up in court, 'kink friendly' professionally endorsed or not?

I think it's a prudent choice these days for anyone who is accomplished to protect themselves - I know I would *Wink*

- R

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-General George S. Patton

(in reply to Mikal)

Post #: 7

RE: Seeking an attorney - 11/27/2006 12:10:15 AM

Mikal

Posts: 3673
Status: offline

quote:

ORIGINAL: mnottertail

hell no, and I ain't even a lawyer, but I been in court enough.

LOL,
Ron

Really? Wouldn't happen to involve a certain old E.F. wreck now would it?

Either way... do tell! You're always sooo interesting!

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Post #: 8

RE: Seeking an attorney - 11/27/2006 12:16:46 AM

theRose4U

Posts: 3403
Joined: 8/22/2005
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With Texas being a community property state what would that look like? I slave x agree to give mistress y all the sex with other people she wants, as well as all my worldly possessions? Not thinking that one will hold up.

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(in reply to Mikal)

Post #: 9

RE: Seeking an attorney - 11/27/2006 12:21:57 AM

Mikal

Posts: 3673
Status: offline

Probably not, but I'd looovvvee to be in that court watching the judge's face... LMAO.

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Post #: 10

RE: Seeking an attorney - 11/27/2006 4:17:42 AM

mnottertail

Posts: 60698
Joined: 11/3/2004
Status: offline

E. F. Wreck?

Exorbitant Fantasy Wreck? I Don't understand.

At any rate, when I get done lovin' a woman they want to make sure all their movin' parts are still there so it is send lawyers, guns and money............turns out I ain't no day at the fuckin' beach.

Ron

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Have they not divided the prey; to every man a damsel or two? Judges 5:30

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Post #: 11

RE: Seeking an attorney - 11/27/2006 11:26:58 AM

DomKen

Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
Status: offline

I know of at least one swinger prenup that essentially said that and the judge ruled it valid during the divorce. A contract is a contract etc. I'm sure you might find some backasswards judge who wouldn't honor a consensually entered contract but hopefully the ruling wouldn't do well on appeal.

(in reply to mnottertail)

Post #: 12

RE: Seeking an attorney - 11/27/2006 11:33:02 AM

mnottertail

Posts: 60698
Joined: 11/3/2004
Status: offline

what? that she can fuck whoever she wants and the guy cant hold it against her?

You don't need that shit..........this is no fault divorce.

Who fuckin' cares?

But it ain't going to change property settlements.

It ain't going to be I fuck who I want and if you get the ass at me, and start bellyacheing, I get the house the car the bank account................

Oh, hell yeah, you might be able to find a throat to get you that anyhow, but it ain't going to go a contract is a contract..............if that were the case these people who hire someone to hit the hubby or wifey would have satisfaction of that contract before anything illegal could be determined.............

I doubt the shit outta anything more than that.
Ron

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Have they not divided the prey; to every man a damsel or two? Judges 5:30

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Post #: 13

RE: Seeking an attorney - 11/27/2006 11:54:01 AM

DomKen

Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
Status: offline

But the difference between a prenup ( a legal contract consensually entered ) and a hit contract ( an illegal conspiracy ) is in that you cannot enter into a contract requiring an illegal act. I can however enter into a contract saying that property division upon divorce will be such and so and the fact that I engaged in consensual acts of sexual sado-masochism with my spouse will have no bearing on the property settlement. Get a good contract attorney who is kink friendly and it will stand up barring before mentioned biased judge and if the contract is any good the appeal will vindicate you.

(in reply to mnottertail)

Post #: 14

RE: Seeking an attorney - 11/27/2006 11:58:29 AM

mnottertail

Posts: 60698
Joined: 11/3/2004
Status: offline

well, point taken Ken.

Ron

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Have they not divided the prey; to every man a damsel or two? Judges 5:30

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Post #: 15

RE: Seeking an attorney - 11/27/2006 1:05:35 PM

rimbaud

Posts: 14
Joined: 4/8/2006
Status: offline

Make sure your contract states that if any single provision is found to be unenforceable the remainder is unimpaired. It should also refer to the proverbial "good and valuable consideration" on both sides, the sufficiency of which is not questioned. You can also agree to have it interpreted according to the laws of any particular jurisdiction. Some states are more liberal in allowing such contracts than others. And don't waive a jury trial!

(in reply to mnottertail)

Post #: 16

RE: Seeking an attorney - 11/27/2006 3:40:34 PM

theRose4U

Posts: 3403
Joined: 8/22/2005
Status: offline

Texas being a lot less liberal than most, this had better go the distance and not come down to being needed. Judge is going to be pissed at a female dominant arrangement and fry them both. That's also one of the first states where you can't consent to assault. So putting in that the s/m aspects were consentual by state law is unenforcable because any act of striking or hitting with or without an impliment is assault and therefor criminal whether you wanted it or not. God forbid the cops show up while one or the other is tied and in the act...consent or not they're going to jail.

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Finding a good sub is like sifting through trail mix. You find a few fruits, a lotta nuts and have to sift to get to the sweet and special ones
drama llama

(in reply to rimbaud)

Post #: 17

RE: Seeking an attorney - 11/27/2006 4:10:57 PM

ExSteelAgain

Posts: 1803
Joined: 7/2/2006
From: Georgia
Status: offline

Where is CandyStriper when we need her?

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Post #: 18

RE: Seeking an attorney - 11/27/2006 9:51:59 PM

DiamondOrchid

Posts: 172
Joined: 11/27/2006
Status: offline

I'm just curious as to why you'd want a kinky prenup? If both of you are playing together & know what's expected, why should you worry about it? If you are worried that your kink may break your relationship, perhaps you should examine that and re-think getting married. It's hard enough to make a marriage work, let alone when two people are sexually incompatible.

Just my thoughts.

D.

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Post #: 19

RE: Seeking an attorney - 11/28/2006 1:04:20 AM

DomKen

Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
Status: offline

quote:

ORIGINAL: DiamondOrchid

I'm just curious as to why you'd want a kinky prenup? If both of you are playing together & know what's expected, why should you worry about it? If you are worried that your kink may break your relationship, perhaps you should examine that and re-think getting married. It's hard enough to make a marriage work, let alone when two people are sexually incompatible.

Just my thoughts.

D.

Reasons you might need a kinky prenup:

1) One of the partners has significant, at least to them, assets and the prospects of a divorce where the other party can make claims about nonconsensual S&M is less than appealing.
2) A polyamorous or same sex relationship would need such a contract to spell out child custody, support and visitation.
3) A sub might be entering into 24/7 slavery with the exchange of vows and should the relationship end it would be a very good idea for the sub to have starting over money provided for contractually.
4) A cuckold relationship should probably have a legal contract spelling out that the male will support any children born to his spouse regardless of who is the biological father.

I'm sure I've missed a bunch of good reasons as well.

(in reply to DiamondOrchid)

Post #: 20

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