After reading a question about separate bank accounts and one about divorce. I suddenly had an idea. Is it possible to have a divorce decree already premade before getting a divorce. Since right now we are happy. And divorce brings out the worse in people. Wouldnt it be easier to agree right now? And have all the guidelines already written down. Then, if we ever do get a divorce we will not have to waste money on lawyers. Is this what a prenup is?
2007-05-31 08:16:27 · 13 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Calm down people.
I never thought of it until I heard all these discruntled divorcees on here.
2007-05-31 08:22:18 · update #1
I don't know if there is such a thing as what you're suggesting. A pre-nup means all of the assets each party acquired before marriage stays theirs only. Therefore, you get nothing of his, he gets nothing of yours, and probably the money you earn together during the marriage is split 50/50.
What you're suggesting is interesting. I think it would prevent a lot of messiness in a marriage. You'd probably still need lawyers, and a good one can find a loop hole. Perhaps that's why there's nothing like a divorce agreement?
2007-05-31 08:23:14 · answer #1 · answered by pola 3 · 1⤊ 1⤋
That's what a prenup is - only problem with a prenup is the division of assets that are obtained after the agreement is drawn up & the marriage commences.
In order to prevent much squabbling for these items - it is either decreed that all will be sold and equal distribution of the money divided between you OR that at such time assests aquired during the marriage are remanded to the person who is in most need of said item.
EIther way - a prenup is a good idea should you feel as though you want to prevent a mess should something happen. I can understand this as divorces rarely end amicable. However, you should go into your prenup with what was yours stays yours, what was his stays his and what is attained after joining will be determined at a later date should it need to.
Tuck away the agreement, forget it exists & do your best to always love, respect & honor your marriage.
2007-05-31 15:26:02 · answer #2 · answered by martiek7 3 · 0⤊ 0⤋
If you are already married it seems really silly to me that you are preparing for it. Don't even think about? A prenuptial is a contract entered into by two people prior to marriage not while you are married. If you don't make a prenuptial agreement, your state's laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. (Property acquired during your marriage is known as either marital or community property, depending on your state.) State law may even have a say in what happens to some of the property you owned before you were married.
Under the law, marriage is considered a contract between bride and groom, and with that contract comes certain automatic property rights for each spouse. For example, in the absence of a prenup stating otherwise, a spouse usually has the right to:
* share ownership of property acquired during marriage, with the expectation that the property will be divided between the spouses in the event of a divorce or at death
* incur debts during marriage that the other spouse may have to pay for, and
* share in the management and control of any marital or community property, sometimes including the right to sell it or give it away.
If these laws -- called marital property, divorce, and probate laws -- aren't to your liking, it's time to think about a prenup, which in most cases lets you decide for yourselves how your property should be handled
2007-05-31 15:34:15 · answer #3 · answered by aintlifegrand 4 · 0⤊ 0⤋
it will be more of a divorce will then a prenup. But you will have to amend it every few years as your financial situation changes. Bottom line is, if you end up having ugly divorce non of this will matter, you will be fighting each other tooth and nail.
2007-05-31 15:24:41 · answer #4 · answered by jimmy.parker06 5 · 0⤊ 0⤋
yes. that is a Prenup. not everyone is so rosy as to think their marriage will absolutely last forever. prenups can be a step to a closer relationship, by opening up communication and admitting that the future is uncertain, you can make considerate, valuable decisions BEFORE something, IF ANYTHING, goes wrong. its not a bad idea at all
2007-05-31 15:23:32 · answer #5 · answered by twosey ♥ 5 · 1⤊ 0⤋
A prenup is to protect assets that you had before the marriage...but yes you could do that. But how would your hubby feel about you bringing that up?
2007-05-31 15:20:53 · answer #6 · answered by CJ 2 · 0⤊ 0⤋
Yes that is indeed what a pre nup is. Very few of them are actually enforceable however. But I hate prenup because if you are concerned about how the divorce will go in the beginning dont get married.
2007-05-31 15:20:38 · answer #7 · answered by Devdude 5 · 0⤊ 3⤋
A prenump is when one person has lots of money and thinks someone might be marrying them just for money so they have the person sign the prenump that means if they divorce the rich person doesnt have to give up anything he or she came into the marriage with.
2007-05-31 15:21:05 · answer #8 · answered by zeppelin412 3 · 0⤊ 1⤋
a prenuptial isnt a very good arrangement to get involved in at all it usually deprives one of the other parties from really getting what they deserve in case there is a divorce between the parties involved in it if you are very happy now dont even of thinking od one either
2007-05-31 15:28:32 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Yes, you are right that is exactly the function of a prenup.
2007-05-31 15:47:08 · answer #10 · answered by snack_daddy10 6 · 0⤊ 0⤋