Radu Posted April 28, 2013 Share Posted April 28, 2013 (edited) Is this based on experience in the legal field or on what you've "heard" or "read"...? A contract is a contract is a contract. Just don't mention children in the prenup and ensure you can establish that she was of sound mind and judgment during the formulation of the contract. The thing can be scribbled on a napkin for all it's worth; as long as you use the correct words. The "cost" comes in hiring someone to suggest you some of those words... It comes from having been active in the PUA community which is mostly US based. They are obsessed with prenups. There is a procedure that has to be followed. For instance, they have to be signed in the presence of a judge which will explain to her the contract in detail. Ideally you have to wait after the signing a period of time [most advise 6-12months] because otherwise she could claim that she was in an altered state of mind, and she does not consider it valid. Coupled with some weird clauses, and it might not be accepted. The problem is the decision maker, the judge. In commonwealath law, the judge has more power than in roman law, he can 'make law' he is a source of law himself. In the latter, all he can do is interpret it through a very strict number of parameters, and the party that feels that it was victimised needs to bring solid proof of this ... or point to where it is. If you look in the news, there have been many cases of prenups that were thrown out, ask a lawyer about how one needs to be done to be airtight. You also need to couple it with some smart asset management. Keep receits, track the flow of money, do not move money that came from selling a pre-marriage property into a joint account or asset, that sort of thing. If you have a business, have it under your name and ideally before marriage. On the other hand if you have lived together for a loooong period of time, the law might consider you were married anyway, but without papers. Palimony is also something that exists only in the US. Edited April 28, 2013 by Radu Link to post Share on other sites
Recommended Posts