What can a prenuptial agreement cover?

Question

hi
Prenuptial agreement is an agreement made by a couple before they marry concerning ownership of assets in the event of a divorce.
Maybe the couples have no money, no assets,
Can a prenuptial agreement cover the money and properties that they will get in future so that after divorce their( both spouses) assets won't be ruined?
Or one of spouses can not ruin financial situation of other one?

Answer 1

They are non-enforceable anyway. If you have children with some woman and have been married to her for years, the court will overrule the prenup, and she will still get something in case of a divorce. If she gets a lot of money, I suppose you will get something, but not as much as a woman would.

Answer 2

First I think you need to understand what a prenup is. Its a contract entered into by two people prior to marriage or civil union. The content of a prenuptial agreement can vary widely, but commonly includes provisions for the division of property should the couple divorce and any rights to spousal support during or after the dissolution of marriage. Actions such as cheeting,gaining weight, or even swearing an be added with the expressed amount of monies attached as a fine of sorts.
Laws vary between both states and countries in both how to draft them and in whether they will enforce such agreements.

Historically, judges in the United States frowned upon prenuptial agreements as corrupting what marriage was supposed to stand for, and often they would not recognize them. Nowadays they are recognized, although they may not always be enforced. Both parties should have lawyers represent them to ensure that the agreement is enforceable. In some cases, the parties retain a private judge to be present during the signing, to be sure that neither party has been coerced into the agreement. Some attorneys recommend videotaping the signing, although this is exceptional. Some states such as California require that the parties be represented by counsel if spousal support (alimony) is limited.

Prenuptial agreements are, at best, a partial solution to obviating some of the risks of marital property disputes in times of divorce. They are not the final word. Nevertheless, they can be very powerful and limit parties property rights and alimony. It may be impossible to set aside a properly drafted and executed prenup. A prenup can dictate not only happens if the parties divorce, but when they die. They can act as a contract to make a will and/or eliminate all your rights to property, probate homestead, probate allowance, right to take as a pretermitted heir, and the right to act as an excutor and administrator of your spouses' estate.

In most states What you accuilate over the time of your marriage weather it be a finacial gain or loss it is split .

hope this answers you question.

Answer 3

Basically it covers the assets of either party before the marriage in the unlikely event of a divorce. What is accrued during the marriage is marital property and becomes open game in a divorce. Just one thing here,many courts do not recognize a pre nups in divorce proceedings so a pre nup may not save your assets

Answer 4

Depends on your state, but by the way, they CAN be written to cover future assets in regards to inheritance, my sister is an attorney....and while I don't have one and think it is kinda a sad way to start a marriage, my husband and I considered it as his parents are wealthy and I will one day own a 35+yr old family business, but neither one of us would do that to the other. But usually, it's for assets you currently have and any property purchased during the marriage is community property (equally both of yours).

Answer 5

Prenups can be written for future assets but a majority of the time prenups are made because either the man or women already have money. Also some write love prenups like if one of the spouses cheat they get nothing I personally like that one....

Answer 6

WOAH TONTO! First and foremost, a prenup will protect your assets, nothing more. It will do nothing for custody OR child support. You need to check your state some have what they call "no fault". Which simply states that you can get divorced and neither one is to blame. Also, for a father to gain "full custody" above the mother is difficult to do in most states. Just because she cheats doesn't mean she is a terrible mother (a crappy wife, yes). And last but NOT least, NOT all women are cheaters (this coming from a woman who has been married for almost 11 years and has never cheated) I think you need to grow up before you even think about getting married.

Answer 7

a prenup is used when one spouse has considerably more assets than the other.

If you have no assets, where will you get the $500 - $1000 to draw up the document.

While you could draw one up yourself, you might accidentally include un-enforceable covents. Or give away something you did not intend to.

Answer 8

Y get agreement if u really each other.A marriage suppose 2 b about sharing .I feel like if u had things b 4 them ,then that ur.Everything u 2 have 2 gether have 2 b split between u 2.

Answer 9

go talk to a lawyer I don't think so b/c in the event of a divorce with the maritial property is usually split 50-50

Answer 10

My husband and i came into the relationship with nothing. But a year later we decided that while we where still in good with each other we would get a prenup so we wouldn't be at each others throats if we ever got a divorce. We agreed that i got the house, he got his car, i got mine, he got our savings, i got our lifeinsurance ect... its just precations. if someone doesn't want to do it then its their choice.