Pre-nuptial agreements required by law - good idea or bad?

Question

After all, this very topic is named, "Marriage AND Divorce." So we all know the likelihood of the latter following the former.

Many people won't get a pre-nuptial agreement because they think it is unromantic, and just expecting failure.

If it were required by law, however, like the blood test, wouldn't that alleviate the "unromantic" element? Then courts wouldn't be flooded, custody rights would already be figured out, no one would have to lose everything they owned, and marriage itself would feel like a much safer option.

Answer 1

I've thought about that too and i do think that if prenup is a requirement before marriage, that will avoid the misunderstanding between both parties... right now, it is somewhat difficult to raise the issue to the other person as this usually strains the relationship because of trust issues...ie...why am i signing a prenup??? don't you trust me??? blah blah blah.... but if it is the law stating we need to have that before getting married then we don't even have to worry about what the other person might feel...and in fact it is protecting both parties anyway...
GREAT IDEA!!!!

Answer 2

Well, the thing is that when most people get married, they don't have enough in assets to make getting a pre-nuptual agreement worth the paper its written on. As they live and work though, they accquire property, their net worth increases, they save money for college educations for their children, retirement, etc. Hence the issue of divorce settlements, it's usually over assets that have been accquired during the marriage. I have several friends who are divorced, and no one I know has lost everything in a divorce. I've even known business owners who were able to keep their business. Granted, they had to buy out their spouse's share of the business, but again, the business was usually started after the marriage, and usually with both husband and wife working side by side to get it started.

Any divorced couple should also figure custody out so that the children are the least inconvenienced. That's generally joint custody, but many so-called adults get very childish when going through a divorce (see Alec Baldwin's example this week) and use the kids basically as little pawns in their own personal war against "their mother/father."

So overall, I don't think requiring pre-nups would really help the strain on the court system as far as divorce settlements are concerned, and requiring them would be a waste of time, and money.

Answer 3

I think, it should be decided on an individual basis. The average person most likely doesn't need a pre-nuptial agreement. It doesn't necessarily alleviate the problems the couple may incur if the marriage becomes troubled or ends. People and their feeling change so what may be written on paper may change toward the end of the marriage. That is a good question. I am going to post it in one of my yahoo groups.

Answer 4

Pre-nuptial agreements required by law - good idea or bad?

Terrible idea altogether if one is serious about the marriage they are entering.
What a better way to say 'I love you' than even before the wedding takes place to add 'but I simply do not trust you'.....

Answer 5

I think it is a good idea, especially if one partner has debt that is not exposed to the other before the marriage. My husband owes on back taxes and when we got married my credit rating plunged because the IRS started taking money out of our checks to pay it back. It should be set up that any past debt is the sole responsibility of the person that created it.

Answer 6

It is a personal choice if you have more financially to bring to the marriage then yes you should go for a per-nuptial and if the worst happened then your other half could not take you to the cleaners.

Answer 7

The blood test is only required by law in some locations.

Personally, the more the government takes away our freedoms (like to choose to have a prenup or not) the more control they have and the less personal choice and responciblity we have.

The problem with socioty (in general) is not prenups, its people who are irresponcible and lazy. People who are too irresponcible to choose life partners that they are able to stay with for life and too lazy to work out their problems.

Answer 8

Whos lost evryhting they own....I surely didnt...My settlement was exactly one half of the marital assets.....I think its a bad idea, the number one thing for people to fight about in a marriage is money, why start the fight befor the wedding

Answer 9

I agree somewhat, there should be some income or finicial requirements that require the pre-nuptial.

Answer 10

I think pre-nups are stupid. I always have felt if you get married you get married for love, and if you ask your soon to be spouse to agree to a pre-nup, you basically saying that you don't trust them even before you get married.