Are Pre Numps really worth it/valid?

[Scorpio13c]

Just want to know from anyone who's experienced one & thoughts in general..

 

[Powerlifter]

Wisdom will teach you to be aware of the astute lawyer he or she will make your life a shameful mess so avoid marriage at all cost.

Peace bro.

Powerlifter

 

[nismo-4]

Prenups are not only for rich folk to protect their large amount of assets, they are also used by poor folk to protect what little amount of assets they have. Prenups are very worth it and the sweetest girl you choose to marry could very well be a golddigger or just looking for a source of child support.

Get a damn prenup. My 2 cents.

Case closed.

 

[sodbuster]

Yes, if she is a gold digger,she may bail before signing it and marriage. If not, it will be harder to get your assets. trusts are best... why do you think the Kennedy clan can treat women like toilet paper?

 

[Bible_Belt]

Are Pre Numps really worth it/valid?

They only make sense if you carry assets into the marriage. Most people getting married are broke, so a prenup is pointless.

Even if you have a prenup, assets earned by both you and your spouse while married are considered joint marital property. The only exception is a very carefully managed business, set aside by a prenup, to which your wife never has any access or control.

You would also need a good prenup: fair to both sides, she gets a year or two of alimony if you split, and both you and her consult with separate attorneys (req'd in CA). If the prenup agreement does not look fair, the judge will throw it out.

 

[Bible_Belt]

In regards to the alimony, is that presumption based on her not working?

Yes, it is, because that is the worst case scenario, and any good contract will always plan for the worst circumstances. Even if she has a job when you marry her, there is no way to know if she will at the time of divorce.

The alimony is a red herring. It makes the agreement look fair on the surface. That makes it hold up in court. I know of more than one millionaire in his 50's who would love to pay his b!tch of a wife two or three grand per month for two years...in exchange for her not getting half of his net worth. That agreement would have been fair, legal, and still binding if she had signed it at the time of marriage...and gotten on-the-record advice from her own independent attorney, especially if required in that state. One-sided prenups get thrown out by liberal judges, which is why this is not something you want to write yourself.

 

[JT7890]

My goodness, why get married in the first place? Seriously lol. You are entering into a very RISKY business deal in my opinion and you have to cover this asset, shelter this one, cover your a.ss here, there, here, there, and for what in return? What?

You can get all of the benefits of marriage without signing and entering into any type of "deal" (which all marriage is in my opinion, a very bad business deal).

So I'm still trying to find any reason, ANY, to get married. What seriously does it benefit a guy?

I mean the common sense agrument here is that if you KNOW you have to use 100 attorneys, get all of the prenups, contracts, shelters, and all of that, you KNOW entering the deal it's risky, so why are you doing it?

 

[Zarky]

They only make sense if you carry assets into the marriage. Most people getting married are broke, so a prenup is pointless.

Even if you have a prenup, assets earned by both you and your spouse while married are considered joint marital property. The only exception is a very carefully managed business, set aside by a prenup, to which your wife never has any access or control.

You would also need a good prenup: fair to both sides, she gets a year or two of alimony if you split, and both you and her consult with separate attorneys (req'd in CA). If the prenup agreement does not look fair, the judge will throw it out.

Unless you're an attorney I'd be careful giving legal advice. Prenups are an "alternate marriage contract" that may avoid a presumed 50/50 split of community property at dissolution (I speak for CA here).

They can be shaky if done wrong, however. Best to speak to an attorney.

 

[Bible_Belt]

Prenups are an "alternate marriage contract" that may avoid a presumed 50/50 split of community property at dissolution

Yes. And my purely academic statements regard the manner in which a good prenup does just that. Merely having the prenup, however, is not nearly enough. You can have the best prenup in the world, but if you buy a lottery ticket on your honeymoon and win a million bucks, then that money is still joint marital property. She can divorce you the next day and take half, prenup or not.

Prenups protect pre-marital assets from becoming joint marital property upon marriage. The only way to shelter income is to set a business aside in the prenup, keep all your income within the business, and never let her touch it.

 

[Zarky]

Prenups protect pre-marital assets from becoming joint marital property upon marriage. The only way to shelter income is to set a business aside in the prenup, keep all your income within the business, and never let her touch it.

From what I recall from community property law class, you can keep separate property from becoming community property simply by not commingling it. For example, if you have a checking account from before the marriage with your name alone on it, say from an inheritance, you don't put any money earned during the marriage into it, it stays separate.

But I'm a business attorney, not a family law atty, so it's probably best to find someone who specializes in that stuff.

 

[Bible_Belt]

From what I recall from community property law class, you can keep separate property from becoming community property simply by not commingling it.

I agree, that is correct, but my point is that the extent to which the pre-marital assets are not comingled equals the level of protection provided on the prenup. One must be very careful.