What could possibly be wrong with a pre-nup to protect pre-marital assets?

Question

All assets acquired after the marriage would be jointly owned. The only time it would matter is if they divorced. How could it possibly be unfair if the assets acquired during the marriage were divided evenly?

Answer 1

It's not unfair, but it is rather sad. It's like saying you're getting married "for the foreseeable future", and not because you really want to spend your life with another person.

Answer 2

Unless there are bjillions $$$ at stake, a prenuptial can be a waste of time and money.  It can also raise trust issues and resentment that can ruin the marriage before it even starts.  

The law already protects assets acquired before marriage.

Prenuptial rarely hold up against legal scrutiny, especially if they are stingy toward the non asset-ed party.

A prenuptial confirms that there is distrust and an in equity within the partnership.  Marriage should be a leap of faith, a bond of trust and both partners should be seen as having equal value.

While no attorney in their right mind will advise a client to sign a prenuptial ... there are some benefits that should be considered.

A prenuptial can be a benefit to the party with little or no assets as it can (and should) stipulate and guarantee a generous divorce settlement in advance of the marriage.

Answer 3

It is wrong because you are not putting all your heart into your marriage. You're saying, "I love you, but we could still get divorced because I don't trust in you or your love for me." If that is the case, the two shouldn't get married in the first place.

Answer 4

Nobody plans to get divorced, die, have a car accident, or get a flat tire. But, let's face it, they happen.

If somebody has a problem with a pre-nup, I would suggest they get rid of their spare tire, cancel their life and car insurance.

Pre-nups can be fair and let you walk out they way you came in.

Answer 5

People should know that a prenuptual agreement is not iron-clad. They can be challenged and in some cases, declared null and void. My opinion is that people who are so insecure that they feel the need to have one of these agreements really shouldn't bother getting married. To the poster who thinks that women who won't sign these agreements are gold diggers, you really need to change your tastes in women. Not all women are like that.

Answer 6

Nothing. I'm all in favour of it. If I ever planned on getting married, I'd be the one to suggest it.

Answer 7

Well, it's a bit off-putting isn't it?  It is based on the assumption that the marriage is likely to fail, and isn't that likely to put you off marrying in the first place?

Answer 8

You're already assuming the marriage is going to fail.  Why even get married if you think that?  I wouldn't fly on an airplane that I thought would crash.

Clint-  You know that your tire will go bad eventually.  You don't assume that about your marriage.

Answer 9

Nothing is wrong with a Prenup. Just look at the divorce rate in America. What makes all these people think they will be better than anybody else. Do the math, most likely you will be divorced so why not get a prenup. Any woman who doesn't want to sign is a gold digger.

I would rather have spiritual wedding and never sign any court papers.

Answer 10

I sort of agree with you on this issue. Me personally, I believe that there should be a pre-nup for those who have a lot to lose during a divorce for both men and women. Because what a lot of people don't understand is that men can take a woman for half of what she owns as well (it goes both ways).

Answer 11

Does seem that perhaps you're dooming the marriage to failure.

HOWEVER ... that said, and now that I'm older and an Accountant, I've seen an awful lot of evil done over money. Sad to say, even nice people can get really nasty over these things.

Things to consider if you want a pre-nup:

1) Do you have children from a previous marriage / relationship?

2) Are you worth a lot of money and want to keep it in the family?

3) Do you owe a business? (Whether it is profitable or not is irrelevant)

If you answered "Yes" to any of those, I would consult a professional about obtaining a pre-nup. Also, DO discuss this with your intended. Be sure to impress upon her, it's not about trust, it's about protecting your and/or your children's future assets. She may have children from a previous whatever also,  and if y'all marry, this could be a huge mess estate wise if not laid out from the on-set.

Now, when the estate grows while you are married, she and the children you create together, have a right to those assets also.

Good luck and I hope it doesn't come between you and your intended. It's wonderful to be in love and share a happy, unfettered life together.

Best wishes.