I have a lot of money and assets and if I ever decide to marry a woman, I will for sure have her sign a pre-nup before hand. How iron clad are they anyway?
2007-01-12 07:28:44 · 11 answers · asked by TriSec 3 in Family & Relationships ➔ Marriage & Divorce
It depends on how the pre-nup is written. Do not write one yourself. Get an attorney who has experience in this area. If you live in a community property state, any assets owned by you prior to marriage are considered your separate property as long as you don't do anything to change the character of the asset, i.e. spend community money on the asset (this could change the character) as well as specific assets that fall outside of the community property.
For example, if you own a home and it's in your name and you get married and subsequently use commuity property funds to remodel it, this could change the character of the asset from separate property to community property, or at minimum a portion of the house could be considered community property.
Barry Bond's pre-nup held up in court. Courts look at serveral factors when deciding if the agreement is enforcable. Typically they are since they are governed by contract law and as long as it's not a contract for anything illegal.
Long and short of it. If you're contemplating a pre-nup. Get an attorney. There are specific rules that need to be followed in order for it to be enforcable.
2007-01-12 07:40:18 · answer #1 · answered by Peter 3 · 1⤊ 0⤋
Yes, just remember that you get what you pay for. If you are willing to find the right attorney and pay the bucks, you can draft an unbreakable pre-nup.
I think they shoudl be required for all marriages...it would save so much of the fighting and heartache of divorce.
2007-01-12 07:35:56 · answer #2 · answered by Back in the game... 5 · 0⤊ 0⤋
Not very. Most are contested and resettled. If the person who wrote the pre-nup is the one who wants the divorce, that person will renegotiate just to end the agony!
2007-01-12 07:31:51 · answer #3 · answered by kja63 7 · 0⤊ 1⤋
I dont think they are because when some celebs divorce and have pre-nups the other spouse still can contest it.
2007-01-12 07:32:22 · answer #4 · answered by Mean Carleen 7 · 0⤊ 1⤋
Get a damn good lawyer when you do, and also be careful of "accrual". Anything accrued after marriage to be split. that could entail part of the interest on your money, and if you have property, the increase in value from date of marriage to date of divorce (if). You really have to get a good lawyer to do this. Especially when you have a lot of money.
2007-01-12 07:33:21 · answer #5 · answered by Anonymous · 1⤊ 0⤋
depends. some people have them with loop holes, or if certain things happen the spouse will get a certain amount of money. you have to have it drawn up to be iron clad. you can get it to say whatever you want to.
2007-01-12 07:32:39 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Pre-nups never hold up. I got one and my wife still knows that she can weasel into my pockets if we were to divorce.
2007-01-12 07:32:51 · answer #7 · answered by Anonymous · 0⤊ 1⤋
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2016-10-19 21:28:41 · answer #8 · answered by Anonymous · 0⤊ 0⤋
As iron clad as you want them to be.
2007-01-12 07:31:59 · answer #9 · answered by Mary O 6 · 1⤊ 0⤋
They are very good...
As is any contract..
It is only as good as it is written...
2007-01-12 07:34:01 · answer #10 · answered by Anonymous · 1⤊ 0⤋