Any one notice that most of the marriage inequality trp complains about can be solved with a prenuptial agreement?

LeaneGenova · 2015-11-03T23:25:17+00:00

Low value shit post.

Explain HOW a prenup solves marriage inequality TRP complains about.

And I'll explain how it won't.

1) Prenups aren't worth the paper they're printed on. most courts will toss out prenups as "adhesion contracts" or as containing "unconscionable" terms. IOW, they're "fundamentally unfair" in their incipience and in their operation at the end of the marriage. The prenup will be judged not based on the positions of husband and wife at the time it was made. it will be judged based on their positions at the time of the marital dissolution -- which cannot be predicted.

2) Matters of child custody and child support cannot be handled through a prenup.

3) Matters of alimony can be; but again, the court will decide whether it thinks, as a matter of equity and fairness, alimony should be awarded based on the parties' positions at the time of divorce. It doesn't matter what you agreed on; what matters is what the family court thinks is "fair" at the time of the divorce.

Example: H and W agreed on no alimony in the event of divorce for any reason. Divorce 15 years later. Wife was a SAHM for 13 of those years and currently has no job. Under the prenup, she gets no alimony. W says "UNFAIR!! I need support for a while to get on my feet! I was a SAHM and now I need time to get a job!" Court says "Agree. The prenup is fundamentally unfair as applied to the parties. Plus, W would be a burden on the welfare rolls. This is unnecessary, because she can have a source of support temporarily from H until she is self sufficient. She would have been entitled to that support had the marriage continued. Alimony is awarded."

4) A prenup will ordinarily hold up for a property division; but it will depend on the amount of property. It will also depend on whether the operation of the prenup will result in "unfairness".

5) A prenup will hold up even to the extent it usually will, only if it is done where both parties are on roughly equal footing going in; both parties are represented by their own lawyers; and it is done and signed months ahead of the wedding.

prodigy2throw · 2015-11-03T23:28:17+00:00

Canadian here. Pre nups mean dick in this country.

[deleted] · 2015-11-03T23:41:51+00:00

Lol. Problem solved guys. Some lady on the internet says a prenup is all you need and you're golden!

Try putting at least a modicum of thought into your posts, please.

fiat_lux_ · 2015-11-03T23:52:10+00:00

Not just prenuptial agreement, just planning in general.

A lot of the problems wouldn't be problems if people were immune to certain honeymoon mentalities. "But planning means that we're planning for FAILURE. This marriage will be indestructible! We're in LOVE."

Dude, just keep track of your pre-marital, separate property and keep them separate from communal property. Don't mix it up and end up losing half of everything when you divorce. Also, for American Rule states, keep track of the rent, dividends, royalties, interest, etc that you get from separate property, because that shit counts as separate as well.

Don't be a retard. It'll be iffy and complicated even with a prenup if you just mix your finances and property up and aren't organized.

[deleted] · 2015-11-04T00:30:08+00:00

Sometime, I'd like to hear from someone who's had a good experience with a prenup, where the prenup did what it purported to do, and operated as it was written; and where the court to which it was presented enforced it as written.

[deleted] · 2015-11-04T00:58:54+00:00

OP, you're assuming all prenups are honored in divorce. They are not.

Subtletorious · 2015-11-03T23:22:46+00:00

It is a sad indictment of the institution of marriage that a man (or woman) would need a side contract to protect themselves from divorce rape.

And besides, pre-nups can be overridden by the whim of a court.

Remind us all again, what is the upside to the thing call marriage?

Transmigratory · 2015-11-03T23:35:34+00:00

A lot of guys would prefer that they should leave be able to leave the marriage as they went in. Even prenups won't allow this: the other party needs to get something.

Also courts are known to interfere with prenups at certain times like too unfair (too little or the other gets nothing) and chuck them out. Then there's the issue where the less well of person tries to get the prenup voided in some way.

So no, it doesn't totally solve the marriage complaints TRP has. Now if prenups were backed by the law i.e. there is legal backing to say judges are forced to abide to the prenup. Then TRP would agree that a prenup is a simple solution.

Also it means nothing if you say you wouldn't marry a man without a prenup when (going by a lot of men's experience) an overwhelming majority of women feel offended if a man asks for a prenup. A good deal leave the guy, or hold a grudge and what not.

Nazrath2112 · 2015-11-04T05:31:42+00:00

PACK IT IN GUYES, WE CAN ALL GO HOME.

Lates...

belletaco · 2015-11-04T01:03:58+00:00

Or marry a woman with her own salary

[deleted] · 2015-11-04T17:03:11+00:00

Best solution.....don't get married in the first place if you don't want to take the risks involved?

It's not as if anyone's twisting anybody's arms. It's a completely elective, optional lifestyle choice.

darksoldierk · 2015-11-06T04:07:22+00:00

Prenuptial agreements can EASILY be throne out in a court of law due to a little concept of "duress". A woman's lawyer can say something like "my client was under duress when she signed the agreement because she was told that if she didn't sign it, the marriage would not take place". And poof, the agreement just disappears.

Title	Any one notice that most of the marriage inequality trp complains about can be solved with a prenuptial agreement?
Author	AprilMaria
Upvotes	1
Comments	40
Date	November 3, 2015 11:08 PM UTC (10 years ago)
Subreddit	Posted in /r/PurplePillDebate
Original Link	https://old.reddit.com/r/PurplePillDebate/comments/3rf2ex/any_one_notice_that_most_of_the_marriage/
Archive Link	https://theredarchive.com/r/PurplePillDebate/any-one-notice-that-most-of-the-marriage.278666 https://theredarchive.com/post/278666

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