prenups?

almostthere · 27th September 2006, 5:27 PM

My bf and i briefly had a decussion on prenups. I said i would want one he said he wouldnt want one.

What are some of your opinions on prenups? Is it wrong to want to safe guard the things you have worked so hard for in your life with or without him?

bluechocolate · 27th September 2006, 5:45 PM

In this country a prenuptial agreement isn't recognised in court.

Personally I can understand why some people would want one. I think if one or both of the partners are bringing assets into the marriage then they have some right to protect those assets in the event of a divorce. I mean, if you paid off your house or saved a $hit-load in the bank before meeting & getting married why should you have to split that with your partner? Assets accumulated whilst in the marriage are a different story. Also, some people probably just want to make sure they're not being duped by a gold-digger!

tikigods · 27th September 2006, 5:48 PM

I think a person has every right to protect his or her own assets when going into a marriage. I don't look at it as "WE are going to fail" but as something that in case somthing does happen down the line you know what is yours and what isn';t

Art_Critic · 27th September 2006, 5:55 PM

I think it does depend on the divorce laws of the state you are in.

The state I'm in ( Ga ) you don't need prenups as only marital assets are considered to be divided and inheritances are not considered.
It is known as an equitable distribution state

Basically it means that you leave the marriage with what you entered with and any assets or networth gained during the marriage are split fairly ( not 50/50 ).

So the way I look at prenups in my state is that they will cause hurt feelings and possibly cause a breakup of an otherwise good union.

They can drive a wedge of distrust between people that never existed before.

alphamale · 27th September 2006, 6:06 PM

Quote:

Originally Posted by Art_Critic

Basically it means that you leave the marriage with what you entered with and any assets or networth gained during the marriage are split fairly ( not 50/50 ).

what if you get the inheritance while you're married. wouldn't it be considered community property?

Art_Critic · 27th September 2006, 6:14 PM

Quote:

Originally Posted by alphamale

what if you get the inheritance while you're married. wouldn't it be considered community property?

Nope.. you get to keep it all... providing it is invested in investments in only your name.

Once the inheritance is given you have to protect it by not making it a marital asset ie: cashing it all in an buying a house in both names..
if you do that it is harder for a court to unravel it from it being only inheritance and not marital.
The chances are is that the inheritance will be gievn to you in your name only and not your spouses.

If you want to protect it by merging it with marital money later when you are married then you might need a premarital agreement not a prenup

But that is in my state.. Ga is not a community property state

Craig · 28th September 2006, 12:21 AM

Prenups can be a good thing. Look at it this way, if you don't have one then you are accepting the 'boiler plate' one size fits all prenup that the state has prepared for you. Everyone that gets married essentially has a prenup (prepared by the state and contained in family/marriage/divorce law) whether they realize it or not, the question really is do you want yours customized for your specific requirements or not.

Check with an attorney/lawyer/barrister in your particular jurisdiction and get the full scoop on them. Be sure to talk to someone that specializes in that type of law.

In some jurisdictions prenups (or anti-nuptial agreements) need to be followed up by an additional agreement (post nuptial agreement) after you get married to be completely enforceable.

Mirage222 · 28th September 2006, 4:08 PM

Do you have more then him? Does he have anything? See, if both parties have assets I would see no problem with a pre-nup. But then you get the 1 (you) who is for it and 2 (your b/f) who says no.. leads me to believe that he has nothing asset wise..

Moose · 28th September 2006, 4:10 PM

Prenups are a pre-determined out.

They don't belong in any marriage IMO.

a4a · 28th September 2006, 4:14 PM

Quote:

Originally Posted by Moose

Prenups are a pre-determined out.

They don't belong in any marriage IMO.

Actually some can be a damn good deterent to not get out.

Cheater clause is a good one in a prenup. Mutual assests gained in the prenup may deter one from leaving.

You cheat you get nothin' sucka! Hell of a good reason for some not to cheat.

Art_Critic · 28th September 2006, 4:34 PM

Quote:

Originally Posted by Moose

Prenups are a pre-determined out.

Isn't also divorce ? .. I mean if the marriage doesn't work then we can always get a divorce..

so.. in my mind prenups being a pre-determined out doesn't hold water..

A prenup is about protecting assets

One of my sisters and her new husband signed one..
They both had homes and about the same networth going into the marriage..
they just wanted to protect everything they had worked 35 years building..
But they also live in SC...

hotgurl · 28th September 2006, 5:27 PM

i think pre-nups are a good thing. Everything is spelled out and if you divorce it makes it less bitter because you don't have to fight as much.

art critic would GA protect assets from business owned prior to a marriage but acrued during the marriage?

Moose · 28th September 2006, 5:43 PM

The way I look at it, if you're not willing to share your entire life with someone without giving it your all, including your assets, then you have no business getting married in the first place.

Art_Critic · 28th September 2006, 6:21 PM

Quote:

Originally Posted by hotgurl

art critic would GA protect assets from business owned prior to a marriage but acrued during the marriage?

the business is protected ( shares etc ) but the value of the business gained during the marriage becomes a marital asset..
Something like that can be offset though with something like a 401-k. Your spouse may have a 401-k so half of that gain is yours and can be used to offset the gain in the business

If someone is willing to fight for such though....

almostthere · 29th September 2006, 2:07 PM

The problem is is that when people get married their intention is to share their entire life together. and everything in it. then one day he wakes up and decides the coworker in the tight little skirt is cuter then his wife of 5 -10 years and jumps in. then out of the marriage. and the cheating spouse still get 50/50. and yes i do have more that i have seriously worked hard for. I have had two jobs trying to bring my kids lifestyle back to where it was when i was married. I will not give that up even for the person i love the most. Because my kids wellbeing is way more important.