I had my wife sign a pre-nup, it was surprisingly easy although I guess it comes down to who wears the pants.
Part of it was written to exclude her from my family money and trust. It’s my parent’s money, they worked for it, she has no claim on it. The second part, I designed and it entitles her to a maximum total payout not to exceed X times the number of years we’re married and limits spousal support in both amount and time defined again by how long we’ve been married. Basically it provides her a fair amount to get on her feet should things go awry but prevents a disproportionate money grab payout should my wealth grow at an above average rate. The payout reflects my higher earning potential (and the fact that I worked to establish it) balanced against the fact that I genuinely care about her and our child and even if we end on poor terms would never want to screw her over.
^ how much does the legality of something like that depend on the state you are in? Just because a doc says something doesnt mean it will hold up in court I assume. Not being an ass at all generally curious, my gf’s family has quite a bit of money so I assume she’d be the one demanding a prenup (not that I have any issue signing one and would like to make sure I am protected personally as well)
I generally find those ones that provide a baseline of support for the lower earning spouse based on the number of years together to be pretty fair.
The contract should be completed and signed in the state of your choice (in this case parent’s resident state) and it stipulates at signing that regardless of where we are married, etc, we are agreeing to abide by the state of signing’s divorce and property law (under which it would be written and executed).
You need to cover 1) division of assets, and 2) duration and 3) magnitude of spousal support. If you wanted to be 100% airtight you could limit the use and access to child support by the other spouse but I didn’t go that far. Basically if you hit one or two of the first three mentioned, the judge could potentially hit you in an aspect that wasn’t covered. Also, run it by your lawyer.
it sure is practical but if you don’t have enough faith that the other person isn’t going to try and screw you over if the shit hits the fan then what’s the point
Because life happens. Shit happens. People change. People do idiotic things. If I were to get married right now it wouldn’t be much of an issue, but if I received an inheritance from my dad before getting married, that would change the equation unless the future Mrs krazykanuck was well off too.
My grandparents got divorced after 40+ yrs of marriage, not a nasty divorce, but a complete pain to unwind and separate 40 years worth of finances and wealth/property accumulation. Not that a pre nup would have mattered for them, they were both poor when they married, but very not poor when they divorced.
I get the logic, i’m saying that if you don’t have enough faith that your SO won’t change to such a drastic degree that the split will become toxic from a monetary POV then marriage is probably not a good option. Inheritance scenarios are more understandable…
Clearly your anecdotal evidence applies to everyone. If you don’t want marriage to be between a man and woman don’t get married amirite? Like telling a spouse who has an emotionally abusive partner just to try harder. Or telling to people who are mutually unhappy and want to leave to accept your definition of marriage. It implies everyone who’s had a failed relationship just didn’t try as hard. It takes two to tango.
Anyhow, if the girl says not having a prenupt shouldn’t matter because the relationship will last and you should trust her, then having one shouldn’t matter either if it gives you peace of mind and she trusts you. It really comes down to who is carrying the burden of the “trust”. Common trap.