Does prenuptial agreement always work?

OldEgalitarianMRA · 2021-08-24T15:15:20+00:00

What I like about a pre-nup is that you get to discuss things before she separates from you emotionally and goes for the jugular. At least your issues are on the table. If made fair, with good attorneys for each wikipedia says they are becoming more and more enforceable in recent years. I don't know if this is true but if I were getting married I would get one for sure.

You might find out her ideas on divorce are unfair and then you can re-consider marriage.

With my ex-wife I wanted her to know I wanted 50/50 should we split up. You can't put custody issues in a pre-nup but I just wanted it on the table. So we exchanged "secret vows" at the time of our wedding including 50/50 should we split up.

All this did was let her know that stymying 50/50 should be her first move in divorce. Which she did and drove 8 hours away with our son before announcing to me she wanted a divorce.

I had a good attorney and she was back with our child in 48 hours. I retained 100% custody for the first 3 years then granted her 50/50 after that.

DavidByron2 · 2021-08-24T15:24:58+00:00

Judges claim the right to rewrite your contract and because they're playing with other men's money they can be very generous to the little lady. So pretty much the same as how male judges fuck with people all the time. The women aren't quite as bad but still.

sgt_oddball_17 · 2021-08-24T14:53:59+00:00

It depends on the judge in Divorce Court.

yoitsericc · 2021-08-24T16:34:02+00:00

I would pay an attorney to have it done properly - in particular, there are certain things a prenup can and cannot say.

I would also ensure that the other party signs the prenup weeks before the wedding. Many times prenups are thrown out due to one party not having access to counsel or being under duress.

goinsouth85 · 2021-08-24T17:46:05+00:00

From the get-go - you absolutely need to have a local family law attorney (not your attorney friend that practices in another area) to draft this. For heaven’s sake do not think you can just get all the forms from legalzoom, or some other place.

A lot of it depends on the state. As a general concept - they usually are enforced in most states, provided (1) enforcement would be reasonably fair at the time of the divorce, (2) the parties disclose all of their assets, (3) do not include child custody (or if they do, that part gets severed from the rest of the agreement) and (4) both parties are represented by their own lawyer.

As oldegalitarian said, they are also beneficial because they create a discussion about both parties ideas regarding marriage. The other thing is when it is reduce to writing, the established the expectations during the marriage, which can impact the course of the marriage, itself. For example, if you both agree to limit alimony, regardless of whether it is enforceable or not, it would push both parties to have careers.

Another thing to consider - if one of the parties has a large amount of premarital assets (> $250,000 in liquid assets) putting the assets in an asset protection trust.

SonOfHibernia · 2021-08-24T20:17:16+00:00

Depends where he gets married. Tell him to file for marriage in Utah, Texas, or Oregon. But NEVER NY, MA, CA

hendrixski · 2021-08-24T19:02:20+00:00

Having a prenup always works better than not having a prenup. But it doesn't always work the way you want it to.

Most prenups are invalidated on a technicality. Like, they include something that the judge can say in unconscionable. Such as zero alimony. Or they violate a parameter set by state law.

EgalitarianFacts · 2021-08-24T22:05:17+00:00

A prenup isn't worth the ink it's printed with. Save your friend.

mikesteane · 2021-08-24T22:44:22+00:00

At least having a prenup spells out 1. that he has expectations too, it is not just a one-way contract and 2. that he will not lie down and be walked over. Thats true regardless of its functioning in law.

63daddy · 2021-08-25T02:55:48+00:00

Best advice is to consult an attorney familiar with laws pertaining to your jurisdiction.
My understanding is pre-nups MAY offer some protection of assets one had prior to marriage but do nothing to protect the wealth one gains after marriage.
I have heard many stories of men losing vast amounts of money to women, they thought was protected but wasn’t. Again, I refer to point 1. Consult a qualified lawyer.

White_Mlungu_Capital · 2021-08-25T08:03:06+00:00

Not always, but if drafted properly, by a good lawyer in far enough advance (6 months minimum) and before any wedding plan/invitation, etc have been made or booked. It can often hold. A pre-nup is better than nothing if you must marry. You must pay for her lawyer, to go over the prenup, as a common out was I didn't understand it.

The main issue with a properly made pre-nup, is it 1 exposes you don't really trust your future wife to not screw you if given the chance, so why marry her, 2 it doesn't protect from the real money drainer in child support, 3 it doesn't protect assets (except a few states) acquired during the course of the marriage, and where it does, the assets must be kept as "separate" property in a manner that is so nit picky it is near virtually impossible to maintain in a practical sense so all but the most meticulous people. Ie. used a wrench from your martial home to fix a pipe in your separate property, not separate anymore.

togotfury1983 · 2021-08-25T08:05:25+00:00

No, a judge can decide its unfair and throw it out or she can claim you promesrd to cancel it after x amount of time and if the judge believes her they'll throw it out

Title	Does prenuptial agreement always work?
Author	akzhol1
Upvotes	18
Comments	16
Date	August 24, 2021 2:49 PM UTC (4 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/paouwq/does_prenuptial_agreement_always_work/
Archive Link	https://theredarchive.com/r/MensRights/does-prenuptial-agreement-always-work.1060148 https://theredarchive.com/post/1060148

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