Should prenups be enforce by law if a couple gets married ?

Question

if not why ?

Answer 1

No.  Each state has laws on its books concerning property and the dispersing of property in a divorce situation.  

I do not know of any other laws, where individuals, can arbitrarily decide they will just make up their own laws and disregard the rulings and laws of the state.

For instance, murder is against the law.  And in no instance, can 2 people who are getting married, make a pre-nuptial agreement that it will be okay in our marriage to murder each other.  Or take it on down the line... I do not think people have a right to decide which laws they will adhere to and which they will not, and make any type of agreement that frees them from the laws of that state.

That is stupid.  If it is a bad law, then the people need to vote in a better law.

Answer 2

That would depend on the prenuptual itself.  Agreements that are off-base and advantageous only to one person can be challenged by the law.

Answer 3

No, marriage should be based on trust - whatr's the point of getting married if you are thinking 'I wonder how much he will s***w me for if we divorce?'.

Answer 4

No. That decision should be left up to the couple entirely. The legal system has too much influence over what goes on in a marriage as it is.

Answer 5

In some places they are.

Answer 6

Yes.  One of the key elements of a pre-nup is that both parties read it, have the right to review it with a lawyer, and all assets must be disclosed by both parties before signing it.  If someone willingly enters into a contract, it should be enforced by law.  Period.  

Answer 7

Of course they should, as I understand it, and we call them ante nuptial agreements, they are agreements between two legal entities that provides a series of legally enforceable duties on each party. It is a bit like arranging the divorce prior to marriage, but it does stop a lot of arguments should a problem arise. My wife and I have been married for more than 25 years and as a youngster getting married it also served to concentrate the mind as to the potential fallouts should things go wrong and it is decided in a calm and collected manner what goes to whom and what obligations, if any, one has to the other partner. As I see it a prenup can only be invalidated with the consent of both signatories or another agreement supercedes the original prenup, again with the consent of both parties. as happens with many legal agreements, or the agreement has a specified time limit. Make sure you fully understand the wording of any agreement and more importantly the consequences of the wording of any agreement.

To change it just because you get married sounds to me you want to have your cake and eat it by being able to change an agreement. I dont know the circumstances of your situation but like any legal agreement it is valid unless changes are agreed to by both parties.

I hope that clarifies things for you, good luck, a good talk can sometimes change things for the better.

Answer 8

no cause....   whats a prenup???

Answer 9

I think the government ( local and federal ) should stay out of marriages period. Haven't they done enough damage as it is? I agree with Rio Madeira ^

Answer 10

Yes, or there's no point in getting a pre-nup. If it's not going to be enforced, then don't bother getting one

Answer 11

Yes. You're damned right they should.

Answer 12

Yes. Why have a legal contract if it is not backed by law? Any contract is binding by law, or I could tell my creditors to go suck wind!