Prenuptial Agreements

[TickTockMan]

If same-sex marriage becomes legal or you already live where it is, if your boyfriend (or girlfriend) asked you to marry them, but they wanted a Prenuptial Agreement before hand would you sign? Is it a somewhat of an insult to ask someone you hopefully love to sign such a paper? I have arguments in my head for both sides. Is there anyone with an argument of why it is a good or bad idea? For those that don’t know what a pre nup is:

What is a Prenuptial Agreement?
A prenuptial agreement, also known as an ante-nuptial agreement, is a contract entered into before marriage where a couple specifies how they will divide their property, debts, income and expenses should the marriage dissolve.

Common Features of a Prenuptial Agreement
Prenuptial agreements often provide for and allow both spouses:
To protect his or her own separate property.
To protect himself or herself from the other spouse's debt.
To determine the level of support (alimony) owed to a spouse both in divorce and death.

Are Prenuptial Agreements Enforceable?
Prenuptial agreements are generally enforceable. Although the laws regulating prenuptials vary from state to state, common rules are:

Marriage
They are only enforceable if it is fair at the time of enforcement.
Some states require certified copies of your marriage certificate.

Divorce
You can have the judge handling your divorce make a formal order to restore you former name.
No agreement can promote divorce.
They must be in writing.
They cannot include child support responsibilities.
Attorney representation is usually required for both parties.

Is an Attorney Needed to Draft a Prenuptial Agreement?
Although you and your spouse can reach an agreement by yourselves as to the general terms of the prenuptial agreement, in most situations two lawyers (representation for each spouse) are required by law in order to finalize the agreement. Speaking with the proper attorney will help you understand your rights and protect your interests.

Thank you for any responses


RJ

 

[giorgiobaby]

I don't care, I would sign one. Loving someone for themself and not their money is truly the only way I'd be happy. Money is great, but can't replace your feelings.

 

[TickTockMan]

I don't care, I would sign one. Loving someone for themself and not their money is truly the only way I'd be happy. Money is great, but can't replace your feelings.

No.

I consider it petty for you to think i'm going to marry you for your shit, and since i'm not a super-material all-about-money type anyway, the mere suggestion of a prenup is a sure fire way to get that engagement ring thrown back at you.

Yes, i see the smart move behind it, but the insult is FAR greater.

What about protecting yourself?

 

[giorgiobaby]

Protecting myself? I work for a living, I don't have enough money to worry about a prenup. I'll be okay either way. I would like to think that if I loved someone enough to be in a relationship with someone it would be forever,but I know it's not always forever. If we brokeup, they can keep their money, I don't need it. It's a double edged sword, you can get hurt either way.

 

[TickTockMan]

Surely you both hope to one day have something?


I guess it is just my way of thinking. I use to be successful and had people take advantage of me whenever I let my guard down.

 

[TickTockMan]

You sound like you want the kind of life I wish I would have had.



Nope. It was just a model, before that some paintings I own, before that The Belligio in Vegas, and now it is a sign from last years Portland pride that says “Love the hetro, hate the sin”. Everything I think that will look good as an avatar looks weird small. Still changing it out though.

 

[giorgiobaby]

I have something now, maybe we measure success by different standards.

 

[TickTockMan]

I have something now, maybe we measure success by different standards.

I meant money.

 

[giorgiobaby]

I know. I still stand by my last statement. Money is great, but doesn't always make you happy.

 

[TickTockMan]

I know. I still stand by my last statement. Money is great, but doesn't always make you happy.

I know that better than most. In fact see the second part that I wrote that you didn't quote.

 

[Lukeee]

I would want one.

 

[TickTockMan]

I would want one.

There is only one person I could see myself with without one.

 

[crzyrazn]

The answer, in my opinion, is contingent on the property they are seeking to protect, and the agreement in terms of responsibility of debt and expenses should the marriage fail. If I were going to marry with someone with sizable property and owned significant interests, acquired before proposal or stood to acquire after proposal of marriage, I would sign the prenuptial. I would do this in good faith as I would want no possible claim to property I neither earned or obtained through other means, e.g. an inheritance. Now it stands to reason if I were going to marry with someone with nothing, a prenuptial would be redundant. I think before marriage, couples should sit down and agree to separate individual finances and a shared financial situation for after marriage. This way you protect yourself, but also ensure the protection of interests earned together during a marriage. It's not insulting to want to protect yourself if a partnership were to fail, especially when marriage can highly complicate the situation if you don't have a previous agreement as to division of responsibility, financially or otherwise. Make sense?

 

[bankside]

the only time it would be reasonable is if my partner and i had kids, and then he was killed in a car accident and I remarried... i would sign a prenuptial contract to make clear what my responsibilities were to the kids. The rest would be common property in the second marriage.

 

[justsimon]

I would not sign one nor would I ask anyone else to.