Can we create a pre-nup after getting married?

Piroko · 2013-12-29T16:00:20+00:00

You don't really understand the word "pre-nuptial" do you?

You can do things similar but it's going to be a lot more work. Marriage is, so far as the law is concerned, basically a ritualized form of a partnership and trust. You can establish a partnership and trust independent of your marriage that reduces the influence family courts can have on disposition of assets, but you can't do it stealthily, and you will probably need the input of a lawyer and an accountant in order to be sure you have the paperwork all squared away to make it stand up in court. Also her consent is needed since it's a transfer of assets from the marriage.

Quite frankly if you see the relationship is starting to head south the best option is to simply propose divorce now, before she decides to do it to you.

redpilldude · 2013-12-29T19:53:41+00:00

A pre-nup after getting married is called a post-nup.

In many states, a person legally cannot give up their right to alimony. So, a court could find the post-nup to be unconscionable.

Also, pre-nups are deemed unenforceable if they are signed under "duress." With a pre-nup, the best way to ensure that a court upholds the agreement is to have the pre-nup signed at least 6 months before getting married and to make sure that each partner has their own legal representation.

Since you are already married and neither partner had 6 months to review the post-nup, the judge could determine that the post-nup is unconscionable.

[deleted] · 2013-12-29T16:32:05+00:00

that's a hard one. You might get better advice with google, or checking out some of the marriage subreddits (I'm not sure which ones are out there).

Best of luck.

abcd_z · 2013-12-30T05:41:00+00:00

When we were getting along, my wife and I had many talks about how bullshit alimony is.

And yet you never made her sign a pre-nup.

Guys, this is why you ALWAYS have an escape plan, no matter how confident you are that you won't need it.

abcd_z · 2013-12-30T05:41:45+00:00

No, but here are a few links to information about divorce and alimony, Hopefully something there will help you.

Divorce Planning Checklist

25 Ways to Divorce (meant for a woman but almost everything there is applicable to a man as well)

How to calculate alimony and
How a judge decides the alimony amount

Manuel_S · 2013-12-30T14:15:02+00:00

Let me ask a question:

Is she retarded? If yes, you stand a chance. If not, she'll sign shit, and you'll be closer to paying that alimony.

Right now, she can get a crapload of your assets for no effort. Why would she sign a paper giving it away for nothing? Just to make you happy?

Grow up man.

Better if you start squirreling them away where they can't be found, but about your income and such, you're likely fucked to hell.

(If you have your own business there are options though)

Title	Can we create a pre-nup after getting married?
Author	morealphaeveryday
Upvotes	4
Comments	6
Date	December 29, 2013 3:55 PM UTC (12 years ago)
Subreddit	Posted in /r/askTRP
Original Link	https://old.reddit.com/r/asktrp/comments/1ty22g/can_we_create_a_prenup_after_getting_married/
Archive Link	https://theredarchive.com/r/askTRP/can-we-create-a-pre-nup-after-getting-married.138679 https://theredarchive.com/post/138679

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