bmoreTLS

Then they set him up on a sting because he wants to hire a murderer to kill her so he can get his shit back.

Mike 350Z

So if you sign over all your assets that aren't jointly owned to, say, your parents if you suspect something is about to go down, are they then safe? or can the ho still take them?

fuzzy02CLS

iTrader: (2)

http://www.legalzoom.com/law_library...-faq_what.html

Read the faq

sasha

Well, that's because I want to vote for "Never married - I don't really have anything against it so whatever the guy is most comfortable with".

youngTL

You're a mod, add the option!

CLpower

also sounds like he had a bad lawyer

CLpower

it's my understanding, prenups are really only good for money you have before the marriage. Even w/ a good prenup (yes prenups are rarely set things even though you'd think they are), anything you guys make while married will be split 50/50

fdl

Yes, but getting both parties to agree whole heartedly is easier said than done. And when one party isnt really into it, even getting their signature may not hold up in court as they can claim duress.

SDCGTSX

No one is talking about the simple solution to prenups. 1) Marry a girl who comes with money 2) Marry a girl who makes more money than you.

I'd like to apply. Please let me know where I can fax my resume to.

Actually, I think the prenup is another area where the is thrown at guys but not girls. If a daughter of a rich man wants to get a prenup, I don't think most guys would object and I don't think society would look at it negatively. But when guys want to get one, it's automatically assumed he'll cheat on her and he wants to divorce cheaply.

Xenogen

Bravo.... Couldnt have said it better myself

bmoreTLS

That sucks!

That's like her saying later... "ummm... I didn't really mean it I just wanted to get married, now give me half!"

TS_eXpeed

Sorry for the thread revival, but I was curious.
What if you don't have a whole lot when you get married, but have intentions and feelings that you may become rather successful and acquire a considerable amount of assests down the road. Does a pre-nup cover your ass on that?
Pre-nups are "customizable" aren't they. You can have clauses in there saying what's game and such, correct, or would it be fair game since you earned the assets during the marriage?

I would disagree.
No one gets married thinking "Damn, I hate this woman; I wonder when the divorce will be" (at least most people don't), but shit happens, and so do divorces.

I'm curious Sarlacc, did you end up signing one? I'm guessing so. Just checkin.

Will Y.

The prenup is generally to protect pre-existing assets of a spouse.

In a community property state like California, anything earned through work by each spouse during marriage is community property, while passive earnings through individual assets remains the property of the spouse owning the assets.

And I just voted in the poll- I'm the only poster here who is married with a pre-nup??! Yes, I'm a lawyer, but I don't generally deal with family law.

TS_eXpeed

Ok, so lets take this for example.
Lets say during the course of a marriage in which I had a prenup, I bought four apartment complexes in which I established later into a company. In the event of a divorce, would she just get assets that I currently had at the time of divorce? Would she be entitled to "take over" any part of the properties which I had already built into a company?

TS_eXpeed

.....AND, if pre-nups do only cover pre-marital assets,


...would a post-nup cover things if I ended up acquiring significant assets during the marriage?

swoleCL

If she makes more than me no prenup.

TS_eXpeed

Is that suggesting you just wouldn't ask for you, or would you refuse to sign one if she did?

Will Y.

In CA, it depends on the origin of the funds used to buy those complexes- were separate assets used? If so, the complexes are separate property. However, I don't know how the income from those complexes, or the new company, would be characterized-- I suspect those would be community earnings. Best thing to do is to check some legal sites for Texas, or whatever state the couple's residence will be.
In CA:
If you acquire significant assets through inheritance or separate property (sale of stock acquired before marriage), those assets would remain separate property.
If you acquire those assets from work during marriage, the assets are community property.

I'm not sure if you can do an enforceable post-nup without the parties being in a fairly equal bargaining position- like Brad Pitt and Angelina Jolie, for example. It's best to check the law for (or a lawyer in) Texas or wherever the happy couple will reside.

Whiskers

Thank god I didn't get one

RaviNJCLs

iTrader: (4)

None for me. Never even crossed my mind. Call me naive, or maybe too trusting.

1Louder

I could not imagine a worse way for a marriage to begin than by leagally defining how it will end.

RaviNJCLs

iTrader: (4)

It's called trust.

txathlete

Really depends on if you or her have money. And I mean lots of it. If you are both broke starting out, I don't see the point.

Dr. Colorado

LOL. I believe in HI, even if the ex doesn't own the house, she is entitled to some portion of it's value contingent on how many years she resided in said house during the marriage. Plus, our divorce rate here is higher than the national average

I'd like to think that when i get engaged, there won't be an iota of doubt that i'll be spending the rest of my life with my fiance. That being said, it's hard to argue with statistics. I guess that's why i'm still in my mid 30s and single, just trying to be picky, especially considering how much assets i will be bringing into the marriage that i've accrued through 6 years of practice.

I guess it's a good thing my patient is one of the top divorce attorneys in town lolz. He promises an "iron clad" prenup so i don't end up like phil collins.

TS_eXpeed

I understand that perspective as well, but say you were someone with millions in assets and your significant other had a job that paid $30K/year and she loves it. That's awesome.

When two people get married, both trust that they love each other with all their hearts and minds, but sometimes things turn sour. Whether its because of infidelity, family issues, w/e, shit happens sometimes. Tell me one person who got married intending to divorce them.

You don't know anyone like that because that just doesn't happen. But isn't it nice to know that if something happens, you have a little 'insurance'? You know you've heard it before. Two people being deeply in love with each other, than years down the road, one of the two asks for a divorce, and things can get bitter. The wife all the sudden is wanting all your shit, and there isn't a damn thing you can do about it.

Dr. Colorado

^Motherf-in werd! People change, hairstyles change, interest rates fluctuate. Tell me you're the same person you were 10 years ago, 5 years ago, or even 1 year ago. I mean, a divorce rate >50%. I don't mean to sound like warren and i'm not a gambler but those odds ain't too good.

RaviNJCLs

iTrader: (4)

I'm not going to argue for or against you guys getting one. It's just not for me.

1Louder

Anyone who has a prenup. I'm not saying they're bad people or that I don't live in the real world and understand what goes on. But a prenup is simply saying you feel it's likely or somewhat possible this marriage will end, so here's how it will do down when it does. Folks can all they want, it is what it is.

To me it comes down to why are you getting married.

If you intend to be married for as long as it works for the two of you, or you feel there is some fundamental mistrust you want to guard against, and you have something worth loosing - then sure - prenup away. If it's just a mutual agreement, why not.

If you intend to build a life with someone, for better or worse, then why would you even introduce that element of doubt to begin your life together.

But like I said - it depends on how you view what it means to be married or what you want to get out of a marriage. I would personally never have one. If I didn't trust her enough to the point where I felt like I needed one, I shouldn't be getting married.

teranfon

I guess I feel otherwise. I know plenty of people who have entered marriages with prenups without the intention, or even the consideration, of eventually divorcing. Most of these people have been married for several years and are entirely devoted to each other.

I have never been married, but if I eventually decide to one day tie the knot, I will absolutely have a prenup. Why? The same reason I carry insurance on my home and business. The same reason why some of my investments are insured. Unforeseen circumstances. I do not intend or expect any ill harm to come to myself or what I have worked for, but I'm not going to assume that just because I don't expect something unforeseeable to happen it most likely won't.

Terry

The Dougler

iTrader: (1)

Sarlacc

Nope.

After a lot of debate and back and forth...we discovered much of what has been said here. A prenup really only protects any assets you have prior to entering the marriage. Of which there really is none for either of us, with the exception of the condo she bought around the time we became engaged.

After that came the feelings of not wanting to enter a marriage thinking of it as already being over before it began.

Divorce in california is fucked up as it is and a prenup in our situation wouldnt do anything.

Had either of us actually had any significant monetary holdings, yes, we would have gotten one.

Will Y.

Since I'm the only one with a pre-nup in this thread, I will respond.

It is possible that a marriage will end in divorce, regardless of how the couple feels at the time of engagement, upon marriage, or at their 20th anniversary. Because of that possibility, it makes sense to take precautions to minimize any rancor and damage.
The fact that I wear protective gear for certain activities does not mean I expect to get hurt or doubt my own abilities-- it is to guard against possible, albeit unlikely consequences from the activity for which I wear the gear.

Discussion of separate property should not introduce any element of doubt or mistrust-- a discussion should eliminate or reduce doubts about the one's life partner. A prenup permits the couple to discuss and evaluate their premarital financial situation and expectations for the future, which is a good thing that creates trust rather than diminishes trust.
Our 14th anniversary is this month-- no divorce papers as of today.

I will never have to deal with the pre-nup, because my wife has promised that she will kill me quickly rather than divorce me if I act stupid (in a way which affects her or the kids).

stogie1020

I don't have one as I am not married, but I feel like if one or both people have assets they are bringing into the marriage, the prenup acts much like a will. It simply predetermines where assets go in the event of an unforeseen occurrence.

princelybug

iTrader: (16)

+1.

People who sign prenups are basically asking for divorce, IMHO.

GrandeInter10

Best response...

Mike 350Z

Wow I don't even remember starting this thread 3 years ago!

It's funny how the top 2 responses are:
Never married - definitely want prenup
Married - no prenup

RaviNJCLs

iTrader: (4)

Did you bring it up to her and actually discuss it? Or was it more a solo decision?

I really would like to get an idea of how someone's spouse responds when you ask them to sign one.

RaviNJCLs

iTrader: (4)

mrsteve

iTrader: (1)

The 50% figure is an urban legend/myth.

Sarlacc

We both had several discussions with each other over time. We also asked our parents as well as asking a couple lawyers we knew.

It was never an argument or sore subject. It was just one of those things where we didnt know what was the right thing to do for us.