Pre-Nups

[PrincessNatalie]

I don't think there is any right or wrong answer, its whats right or wrong for the couple. And I totally agree that it seems unnecessary for a couple who start out building their assets together.

 

[AdanaEsq]

Right. I agree with you. I think it really does come to play where 1 person has way more in terms of assets/liabilities. I'm not 100% on the law here in NY but from what I remember in law school, things like debts can be a problem sometimes. I do think though that it wouldn't really be fair in a situation where one partner owned a business before they got married, other partner never contributed to the business and then got a part of that business in a divorce settlement.

I do think it's naive to think that in most cases of divorce that both parties will be rational enough to have an amicable divorce settlement. Sure if it's a joint decision to divorce but I don't think that happens very often. I'm not an expert at all, but I think that my experience/going to law school makes me view pre-nups differently. I also think that people need to realize that if you are going to sign one, it's in your best interest to have your own attorney to review it and make sure that it adequately protects your interests and doesn't sign away substantive rights as well. I know that no one can tell what the future holds, you could get married with $50 in the bank and then have an amazing idea, start a business and wind up a millionaire but I also believe in planning for the worst but hoping for the best.

My feelings are also influenced by the end of my first marriage. We were together for 10 years total, I didn't think we would end up divorcing but that's what happened. I still have some debt I am responsible for because of things he was supposed to pay me back for and never did. That is of course my own stupidity for trusting that he would pay for these things.

 

[amc80]

A lot of arguments on here for pre-nups have to do with a future inheritance. Check with your state- in some states, an inheritance is not considered community property.

 

[rosetta]

A lot of arguments on here for pre-nups have to do with a future inheritance. Check with your state- in some states, an inheritance is not considered community property.

Good point

I'm going to look into this. Taking our inheritances out of the picture, we have the same amounts of assets and no debt. We will buy our first house together and share the mortgage and all our investments will be joint. If we don't need to consider a pre-nup I'll be thrilled!