Why can't JAG help with pre/postnuptial agreements?

CW4 Private RallyPoint Member — Tue, 12 Sep 2023 22:12:58 -0400

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.

Response by COL Dan Ruder made Sep 13 at 2023 3:47 AM

COL Dan Ruder — Wed, 13 Sep 2023 03:47:27 -0400

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.

Response by SGM Bill Frazer made Sep 13 at 2023 12:35 PM

SGM Bill Frazer — Wed, 13 Sep 2023 12:35:49 -0400

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.

Response by SFC Kelly Fuerhoff made Sep 13 at 2023 4:16 PM

SFC Kelly Fuerhoff — Wed, 13 Sep 2023 16:16:16 -0400

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.