Prenups do not hold up in court

[CAPSLOCK BANDIT]

Damn this is an old video too, I'm just finding this out now.

 

[Georgepithyou]

If they did work they would put the entire divorce law industry out of buisness. There is potential lobbying going on to keep the status quo.

 

[B80]

Shark Tank star Robert Herjavec is worth $200 million, so this isn't hurting him any, but look at what he has to pay his ex-wife:

In a recent ruling by the Ontario court the husband, well-known TV-celebrity Robert Herjavec was ordered to pay his ex-wife, Diane Plese, $125,000 per month in spousal support for an indeterminate period. He was also ordered to pay her about $25 million, representing an equalization payment and her entitlement to shares in a cottage and vacation property. This is in addition to about $20 million she already received in assets from the marriage.

Ouch.

Do they have kids custody arrangements?

When I bought the house with now ex wife around 2010, I put down a £30k deposit. Solicitor put together something that asserted deposit is mine should we split , plus half value of house. He then said tbh its not worth the paper its written on if you get married, have children etc.

To me ex's credit, she agreed to give me the deposit back when we split . We split everything else 50/50. Spent less than 1k on divorce paperwork, no solicitors involved. Sorted maintenance, custody etc between us.

 

[RangerMIke]

The biggest problem with enforcing pre-nups is that these are 'contracts' that attempt to define a contract (i.e. marriage) that is not specifically, legally defined. A contract has to have three elements to be enforceable. (1) The period of time the contract is enforce. (2) What both parties are expecting in terms of a successful completion contract. (3) What consideration is received i.e. what both parties are giving up to to the other.

So with pre-nups... well... those steaming piles of CR@P, just defines what is mine... what is hers... and any changes to this ownership structure should the marriage fail. And if you are American, and not in a community property State, then there is no clear LEGAL definition of ownership once marriage takes place.

You can structure an ironclad Pre-Nup... but this is a VERY long document, very detailed, and very expensive. What an ironclad pre-nup first does is specifically define what both parties are going to do in the marriage, what both parties are getting in consideration, and how long the pre-nup will be in place (most courts will toss out open ended contracts without specific time limits, and some States actually have laws that define how long a contract can be be, and when contracts need to be re-negotiated).

When you get married... well... there are traditional expectations... and both parties go in with an idea of what is expected, but nothing is actually enumerated. In addition, divorces are settled in "Courts of Equity", not "Courts of Law". The judges do not care about fairness in family court. They are present to define an 'equitable' division of assets based on existing agreements.

Let's look at a traditional marriage vow, which is pretty much the ONLY thing agreed upon based on a verbal contract:

"I, PERSON, take you, PERSON, for my lawful wife/husband, (What is the definition of LAWFUL.)

to have and to hold (What is HAVE, What is HOLD)

from this day forward, (Open ended contract which is typically not enforceable)

for better, for worse, (What is BETTER: What is WORST)

for richer, for poorer, (Relative statement not clearly defined, one person's 'rich' could be another person's poor)

in sickness and in health, (Again, relative statement what is sick, what is health)

until death do us part. (locking in the fact this is an open ended contract which is likely not enforceable)

I will love and honor you all the days of my life." (Defining an emotion which is subjective what is LOVE, and again open ended contract)

MRAs think that family courts are out to get men... that's BS, the problem is men enter into contracts that are not legally enforceable.

 

[RickTheToad]

The reason why this prenup was thrown out was that she didn't have legal counsel, and that he didn. Prenups do hold up, but as @RangerMIke said, they have to be ironclad and would cost around 5k+ per person. Best thing is to have your business and main assets in a trust and keep separate accounts. It's tough, but that's the world we're living in now.

 

[B80]

Ill add something about divorce. If you must go through it and want to retain your stuff. DRAG YOUR FEET. It worked for me.
I was in no hurry back then and by nature woman want to move on quickly. I was happy just dating and banging. She finally gave up and just signed a simple no fault.
Was it the best strategy? Probably not but it worked.
If a guy just wants to hurry and buy her out. Cool.
But i chose not to sign shyt or agree to anything until the pressure got to her.
Men don't have to do anything. Just spin plates.

Dont fall for that. Keep all your assets in your name only.
I heard more bs from lawyers you wouldn't believe. None of them are on your side.

yeah, you used to have to wait 12-24 months for no fault divorce in UK - think thats changed past couple of years. So as my ex wanted to rush it through, I said I'm not admitting to fault to get it through quicker, so she did. Also helped she was happy with giving me deposit for house and splitting rest 50/50. TBH I wanted it done and dusted too, but would have been happy to drag it out, rather than admit fault my side, in case something came of down the line if she wanted to cause any issues.

 

[Barrister]

If they are drafted well, they do hold up. Hence why you go to an attorney to prepare one, not sign one you pulled off the internet just amongst yourselves, and make sure that each of you has an attorney represent you in good standing that reviews all of the terms with each of you respectively and signs off on having done so.

 

[Bible_Belt]

If you have a business you want to set aside in a prenup, it can be done, but throughout the marriage, you must keep your spouse entirely separate from that business. She can't be an employee or be involved in any way, nor should she ever have access to any company accounts. Furthermore, pulling all that off probably also requires properly maintaining your corporation/llc by never mixing any of your business money with your personal money. You would be surprised how many people don't understand you are not supposed to do things like buy your groceries with a corporate credit card. Doing so provides evidence to anyone who later wants to remove your protections provided by the corp or llc, ie "pierce the corporate veil."

 

[AureliusMaximus]

They fail mostly because prenups and postnups must be constantly updated as the relationship changes over the years....
Most people don't do that and so as a result they are voided in court.