Pre-nup Agreements?

Question

Why can not Govt make pre nups mandatory?

What exactly is the problem?

May be Govt can charge some administration fees so that it goes to its coffers.

It will certainly save all of us going around courts. Making it mandatory by Govt will also ensure that no one in the relationship will have any reason to feel offended or suspicious.

Answer 1

I don't think it is the government's job to make sure nobody is offended.  IF they are going to start making laws about divorce and marriage, I say make pre-marital counselling mandatory and counselling before divorce mandatory.

Answer 2

I don't think it should be necessarily required, i think it should be encouraged though, i also feel that some laws ought to be changed when it comes to divorce....many women here will say that if you fear that your marriage will fail then it is doomed anyway, such statement is not realistic the reality in 2008 for most men in america is that they are more than 50% likely to get divorced and 80% likely to be screwed over in court and losing their kids,therefore from a purely logical point of view it would be smarter for most men to try and prevent such things from happening through whatever means necessary.

Answer 3

Because it's a personal thing between two people.

Answer 4

if pre-nups are "pyersonyal" so is all other things to do with marriage and divorce and child support

Answer 5

"A good thing about having pre nup is that it would make people aware before hand of what their position vis a vis a marriage and they would be cautious not to be taken away by shock suddenly.Most of them would have fair idea on where they stand and would invest in common wealth appropriately."

A prenup in not necessary to achieve this.  Good communication is all that is required, and that should already exist between people who are considering marriage.

I don't want the govt involved in my personal life.

Answer 6

The problem with the government requiring these documents is that every situation is different with couples.  And invariably the wealthier the more complicated the agreement.  Additionally, situations often change during a marriage.  Job changes, family changes - children, inheritances, etc.  All these variables are just too complicated for a government to control.  It should be left up to each individual to decide whether to enter into such an agreement.  It has been my experience that marriages with a pre-nuptial agreement always start with a sense of mistrust on one or both parties, so that's not a healthy way to begin such a partnership.

Answer 7

Pre-nups still guarantee her a portion of your property and even worse they are often challenged and overturned .

I say she can prove she loves you best by staying with you w/o a legally binding contract that promises her 1/2 your stuff.

These days just being generous to a steady girlfriend puts a guy at risk of being sued for community property and "palimony."

There really is no sane reason for a guy to sign a marriage contract at all.

Answer 8

Your solution makes sense...in that it would remove the ridiculous court time and costs, and that it would also remove the 'stigma' associated with pre-nups.  BUT - I have no interest in having larger government intervention in the lives of citizens.  Surely, this is not something we need to have the government meddling in....do we?

Answer 9

I should have had a pre nup.   I was the one who came into the marriage with assets.   However, I was smart.  I kept the majority of my separate assets, separate.   What we earned together during the marriage, we split.    And the answers here that presume that the man has all the assets are very misguided.

Answer 10

It's not the government's place to do that.

It's up to the couple in a relationship to COMMUNICATE about ALL things, including financial situations BEFORE they get married.  

I know that if I were to re-marry I would want a prenuptual agreement because I don't want to be dealing with financial drama...or winding up being responsible for the husband's debts, child support or whatever, nor would I want to become a burden to my husband or have him becoming responsible for any choices I made before we met!  That sort of thing happens all too often and if the couple had discussed this stuff beforehand, it would've saved a lot of trouble!

The problem is some people think pre-nupual agreements are not "romantic" and it's a way of saying "I don't trust you" but it's not.  If anything, it can be protective.  I've seen cases where a pre-nup has been a beneficial thing for all involved...and where the lack of a pre-nup has been a big mess.

Case in point on the latter? Paul McCartney and Heather Mills.  That gold digging tramp used social engineering to get out of having a prenup, and then took Sir Paul to the cleaners!  

Case in point on the former:  the late newsanchor Peter Jennings had a pre-nup with his 4th wife Kacey Freed...and she is quite wealthy now and the other ex-wives can't just try to come in and get a piece of the action simply cuz they were married to him at some point in their lives.  

and putting the spousal issue aside. Prenups can also protect people in the family of origin against fortune hunters that the person foolishly marries!  How many families have lost their rightful inheritance because of such manipulative individuals?  or in cases where family and spouse fight over things?

One of the sad things that happened to people after 9/11/01?   The deceased person's parents fighting with spouses or domestic partners over who gets the death benefit!  If there had been a prenuptual agreement in  place, none of that would've happened.

Answer 11

Well the divorce industry is a multi billion dollar market each year. I think pre-nups would cut into their bottom line. All those lawyers, judges etc etc have to get paid.

Answer 12

Personally, I don't like the government making more things in my life and my personal business "mandatory."

And I am the homeowner and the higher earner in my partnership, so I would be the one seeking the prenup, not him.

Answer 13

If you truly believe in your marriage why get a prenup?  If you don't don't truly believe in your marriage, why get married?

The problem is not the prenup, it is that many have come to believe that marriage is disposable.

Answer 14

And they said romance was dead huh...Before you get married, if you are thinking of who's going to have what when you divorce your marriage is completely doomed.

edit: ONLY get married if you ghave perfect love and trust - therfore you don't need a prenup. If you are doubtful and thinking about divorce DON'T GET MARRIED

Answer 15

prenups get in the way of lawyers and judges making money. Unless you are a celebrity your prenup gets tossed like nothing.