What would you put in a pre-nup?

[Thump553]

A prenup without competent legal representation is almost certainly worse than nothing at all-if for nothing else than the disillusionment you'll feel when the court completely tosses it out. Basic rule of thumb (at least in every jurisdiction I've practice in) is that both sides need to be represented and that there has to be complete disclosure before entering the prenup. You have to be really, really familiar with your state's family practice rules and practices to even consider drafting a prenup.

Also it's going to take more than a self-serving prenup to avoid liability for the debts of your spouse in a lot of situations.

Doing a pro se prenup is akin to doing abdominal surgery on your own.

 

[Bird222]

A prenup without competent legal representation is almost certainly worse than nothing at all-if for nothing else than the disillusionment you'll feel when the court completely tosses it out. Basic rule of thumb (at least in every jurisdiction I've practice in) is that both sides need to be represented and that there has to be complete disclosure before entering the prenup. You have to be really, really familiar with your state's family practice rules and practices to even consider drafting a prenup.

Also it's going to take more than a self-serving prenup to avoid liability for the debts of your spouse in a lot of situations.

Doing a pro se prenup is akin to doing abdominal surgery on your own.

Just to be clear, this is not about doing one on my own. I am wanting to hear things to be considered that would then be taken to an attorney.

 

[MagnusTheBrewer]

Funny you should mention that. My step mother tried to kill my father with poison after over 45 years of marriage, guess the "romance" slipped away.
He divorced her at the age of 84. She, and her lawyers still managed to collect 1.5 million in cash.

After 45 years, I'm sure he had nothing to do with his wife suddenly going insane.

 

[pcgeek11]

Kids such as yourselves will never understand. And that's fine. You don't have the assets to put yourself in such a situation. But you are completely wrong.

Most of you grew up in marriages that were in your early age when you both had equal assets. Thats fine. But thats not the world we live in anymore. Some people had their grandparents pass them a bunch of money. Do you feel your wife is entitled to it if she ended up being a raging bitch after you sign the marriage?

But then you will just give me another BS answer such as "Well you shouldn't have gotten married!!" dur hurrrrr. As if everyone is the same after 6 months of dating as they are 1 year into marriage. Keep dreaming kids. Keep dreaming.

BS. A pre-Nup = a lack of love and trust. A good marriage is based on Love and Trust.

I am not a kid either. Recently celebrated my 32nd anniversary.

 

[pcgeek11]

Dad went to hospital really sick, they said it was poison, but no real way of proving it was her that gave it to him. Marriage was already on the rocks, and dad just wanted out. I can understand, but kinda wished they could have avoided divorce, especially at their age, dad owned 2 houses and they were pretty much living apart anyways. A good portion of that 1.5 million, plus 3, or 4 of the 10 classic cars she got would have been part of my inheritance

So she didn't poison him. You are just speculating and making shit up. OK

 

[Wreckem]

Let me know how that hold up when lawyers get involved.

I had a significant inheritance I acquired before we were married. Prenup basically said if we get divorced she is entitled to none of the balance at time of marriage, and 50% of the difference between current value and marriage balance.

Separate property(property you have prior to marriage, or acquire during separation but before divorce) is easy to prove as long as you don't commingle it. Commingle and all bets are off.

But its extremely easy to prove separate property when it comes to 1. gifts 2. inheritances 3. investment portfolios 4. real property

The only issue that may be tricky depends on how a certain state determines if profits from separate property are marital or not.

Typically prenups are used to protect future earnings/property not current property. Another main reason is to establish parameters for alimony and how marital/community assets are split.

Basically your purported prenup follows Texas marital/community property laws. An inheritance is separate property but the profits from it are presumptively split 50/50.

 

[Wreckem]

I've been kicking the idea around because I am the sole breadwinner but all I'd want is my motorcycle, computers, and time with my little girl.

Prenups do not deal with child support or child custody.

 

[Wreckem]

Funny you should mention that. My step mother tried to kill my father with poison after over 45 years of marriage, guess the "romance" slipped away.
He divorced her at the age of 84. She, and her lawyers still managed to collect 1.5 million in cash.

Without a conviction shes still entitled to her share of 45 years of marital property.

 

[Slew Foot]

I love you until death do us part. Unless I don't. Let me protect my shit.

#whitepeopleproblems

 

[Safeway]

I wouldn't have one unless I was 70, extremely wealthy, and marrying a 20 year old toy. Then again, I wouldn't ever actually marry her. I'd just string her along. Thus, I will never need a prenuptial.

 

[shortylickens]

Im of the attitude that if you think you need a prenup, you should not get married.

 

[Grooveriding]

Depends where you live.

https://en.wikipedia.org/wiki/Divorce_demography#Crude_divorce_rate

Column four is relevant and gives a general idea of the likelihood your marriage will end in divorce.

 

[Charmonium]

A prenup without competent legal representation is almost certainly worse than nothing at all-if for nothing else than the disillusionment you'll feel when the court completely tosses it out. Basic rule of thumb (at least in every jurisdiction I've practice in) is that both sides need to be represented and that there has to be complete disclosure before entering the prenup. You have to be really, really familiar with your state's family practice rules and practices to even consider drafting a prenup.

Also it's going to take more than a self-serving prenup to avoid liability for the debts of your spouse in a lot of situations.

Doing a pro se prenup is akin to doing abdominal surgery on your own.

I'd want to emphasize this. If the other party to the prenup doesn't have competent representation before signing it and it is unduly favorable to you (in the eyes of the court) then the agreement could be considered overreaching and declared void in whole or part. If this is a risk in your state, an attorney specializing in marital law should be able to properly advise you.

 

[Rakehellion]

Never get married.

 

[CZroe]

In the unfortunate eventuality that the two parties resort to divorce and the marriage cannot be saved, to avoid a protracted dispute over asset disbursement, both parties agree to give everything to brianmanahan.

 

[Bird222]

Can we stay on topic please?

 

[theeedude]

Limitations on spousal support. Giving half of what you accumulated during marriage is one thing, having to support someone for the rest of their life is a different thing entirely.

 

[Reasonable Doubt]

[kanye west]If you ain't no punk holla we want prenup we want prenup yeah it's something that you need to have cause when she leave your ass she gonna leave with half![/kanye west]

 

[Bird222]

Bump

 

[Red Squirrel]

Im of the attitude that if you think you need a prenup, you should not get married.

I agree with that, but sadly it seems lot of marriages today end in divorce. I find so many people jump the gun WAY too fast on marriage though. I lost most of my friends to that, they all got married practically out of high school and started a family. Slow down there, don't you want to enjoy single life for a bit and hang out with friends? Geeze! lol.

But back on topic, to me the things that are important to put are the big assets that you had before marriage. Ex:

- House
- Car
- Expensive toys

Not sure how house and car work though, I think those are automatically hers too when you sign the papers so not sure if you can even put those in a prenup.

 

[TheGardener]

Can we increase the ratio of serious suggestions here? I really want to know what you would put in one.

You came to the wrong place to get a serious answer. But you provided for a lot of fun for people reading and writing all these responses.

You want a serious answer, go talk to a good lawyer. If the cost is even a consideration to you, then you don't need a prenup. And be prepared to hire an attorney for her as well, so she has legal counsel to review a contract. That's all you need to know.

 

[TheGardener]

Was listening to Howard Stern this morning, and heard a new interview with Robert Duvall and his younger wife. He's 84, and looks really good for his age. Luciana, also an actress is 41 years younger than him. That's right 41 years difference. He met her in 1995, so that would put her at 22 or 23 yo, when he met her.

I'm sure with his great fame and career, he is pretty well set. Now I have no idea if there is a prenup. I might have missed that question, as I only heard part of the interview. I'd be surprised if Stern didn't ask that question.

At 42 or 43 yo she sure looks great. I hope that Bird222 has this kind of problem. I wish that I did. If Duvall kicks off, I'd be happy to step in. And I'd be glad to sign a prenup to boot.

http://www.jobsnhire.com/articles/8...hotos-meet-actor-duvalls-41-years-younger.htm

 

[cyclistca]

Bird222 talk to a lawyer.

I'm in my 40s and about to get married. Never though about getting a prenup until my investment advisor strongly encourage it. Had a great meeting with a lawyer who outline my options and the issues should I not have one.

The reality is if you get married young you will start out equal on the asset front. When you get older things are different. I have built up a great deal of assets both in property and investments and I have worked hard to get them. That is what I'm interested in protecting with a prenup. Once we get married I consider all further asset to be joint and shared.

Talk to a lawyer. It's worth every penny.

 

[shortylickens]

False.

Regardless of how much you do or don't trust your (soon to be) wife, it makes COMPLETE LOGICAL sense to not risk your financial assets that you worked (literally) a life-time to obtain. Especially if your wife led little in the working world, why would you risk giving it all up that you worked 20-40 years to obtain? You're an IDIOT if you do otherwise as been seen time and time again by anyone with big bucks. Love is love and all that shit, but again, this is a matter of going to Vegas and putting all your money on the table for high risk.

For my marriage, we didn't have a pre-nup because neither of us had much more money than the other. We both have damn close to equal salaries, and none of us had debt / more savings than the other.

You dont realize it but you just made an excellent argument to NOT get married, vs. getting married with a prenup.