a crash course in prenups

iambusto · #1 08-23-2007, 05:44 PM

Disclaimer: I am not a lawyer, a law student, a paralegal. None of that. My knowledge is solely by research and consultation with 2 different lawyers and finally getting a prenup done by a lawyer.
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so i am getting married in october and just finalized our prenups day before yesterday. when i saw that cheating thread I wanted to make this post.

Its very important to have a prenup. I dont care if you dont have any money, or you make same as your fiancee, or whatever. its still a great idea to have a prenup.

What can you have in a prenup?
Anything that you aquire during marriage (with the exception of gifts from your family) is community property (in the 9 states where there is community property law). As for other states, you will have to research further.

You will need to designate your holdings/assets as "separate property" before your marriage in your prenup if you want to keep them as yours should you separate.

eg: your salary during marriage, your retirement plan contributions, apreciation of the house during marriage that only has your name in the deed, can all become community property come divorce time.

How to prevent that?
In your prenup, your lawyer will designate your house, your 401 (k), your salary all as separate property. Meaning that even if contributions are made during marriage, that will not change the characterisation of the property which is stated to be "separate property".

this is just a tip of the iceberg. If you guys are interested in learning further, i can add secondary posts to this initial posts, some tips, some flags etc. If this is a boring topic based on replies, i wont post further on this thread

FocusedOne · #2 08-23-2007, 05:47 PM

The trick isnt drafting one. Its convincing your soon-to-be wife! Lets see a thread about that and I'll be impressed.

Fast Food Knight · #3 08-23-2007, 05:49 PM

Question for dudes: would you be offended if you were marrying a girl and she wanted a prenup and you didn't really see the need? I sorta brought this up to 'Chair and I think I hurt his feelings. I would never marry someone that I didn't see myself being with forever, but I just feel like there are SOOOO many possible unforeseen events that it would just be better to be safe than sorry. This might make me a heartless bitch. Confirm/deny?

highlife · #4 08-23-2007, 05:52 PM

it's kind of silly for a woman to request a prenup unless she has significant assets already.

iambusto · #5 08-23-2007, 05:52 PM

my fiancee didnt even blink an eye when i mentioned that if we married we would have a prenup (before i ever proposed to her, she wasnt even my fiancee at that time obviously).

I am not rich (actually by this forum standards probably make in the bottom 30% salary) and my gf makes 20k less than me and we still have a prenup. I am bring significant more assets to the marriage than she is (through home equity and 401 k) and she feels that she shouldnt take half of all the appreciation during marriage just because she married me.

If your gf is a practical chick she wont have trouble seeing the need of it.

FFK, no you are not a heartless bitch. I wish all women were like you.

Fast Food Knight · #6 08-23-2007, 05:55 PM

[ QUOTE ]
it's kind of silly for a woman to request a prenup unless she has significant assets already.

[/ QUOTE ]

[ QUOTE ]
What can you have in a prenup?
Anything that you aquire during marriage (with the exception of gifts from your family) is community property

[/ QUOTE ]

I don't agree with you. I have just as much earning power, actually probably more, than my boyfriend.

guids · #7 08-23-2007, 05:57 PM

[ QUOTE ]
Question for dudes: would you be offended if you were marrying a girl and she wanted a prenup and you didn't really see the need? I sorta brought this up to 'Chair and I think I hurt his feelings. I would never marry someone that I didn't see myself being with forever, but I just feel like there are SOOOO many possible unforeseen events that it would just be better to be safe than sorry. This might make me a heartless bitch. Confirm/deny?

[/ QUOTE ]

the hurt look was not from the mention of a prenup probably, but the fact you brought up marriage.....

I keed, I keed

seriously, I wouldnt care in the least, and will def have as airtight of a prenup as possible guaranteeing anything I earn is mine if we split, no matter what.

DonkeyKongSr · #8 08-23-2007, 05:59 PM

Prenups should be required by law. Yes, another law to protect the stupid, but love makes otherwise smart guys do stupid things. Plus, it'll help clean up the court system from all the divorce proceedings.

JJSCOTT2 · #9 08-23-2007, 06:00 PM

[ QUOTE ]
[ QUOTE ]
it's kind of silly for a woman to request a prenup unless she has significant assets already.

[/ QUOTE ]

[ QUOTE ]
What can you have in a prenup?
Anything that you aquire during marriage (with the exception of gifts from your family) is community property

[/ QUOTE ]

I don't agree with you. I have just as much earning power, actually probably more, than my boyfriend.

[/ QUOTE ]

Yeah but all you have to do as a woman is have one kid and then the court will give you everything, put the dude out on the street and probably force him to pay child support and alimony too.

CharlieDontSurf · #10 08-23-2007, 06:01 PM

any woman that won't sign a prenup...isn't actually in love with you.