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HELP! Prenuptial agreement questions?

Long story short: I'm a future dentist/omfs resident. I've been with my girlfriend for 4 years and may plan to marry her in the future. Questions:

1. Is having a prenuptial agreement considered to be rude and not trusting with your spouse in general? Do most people actually get it?

2. If I DON'T sign the agreement and somehow she decides to just divorce me for no reason other than obtaining my wealth - say she cheats on me and demands a divorce - there'll be no way I can counteract this? (I don't want to sound shallow, but I'll be earning much more than she will be, so was wondering if it's legal for her to just divorce me for the money or does she have to have a legitimate reason)

3. If I DO sign it, how much still will I have to pay her? What if kids are involved.

I appreciate your responses and do apologize for my lack of knowledge regarding this matter.

13 Answers

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  • Liz
    Lv 7
    5 years ago
    Favorite Answer

    1. Is having a prenuptial agreement considered to be rude and not trusting with your spouse in general? Do most people actually get it?

    Some people consider a prenup as a sign that you're already anticipating the marriage will fail. Others think they make a lot of sense in terms of protecting your assets. Random people on the internet can't predict how your girlfriend will feel about it if you suggest signing one.

    2. If I DON'T sign the agreement and somehow she decides to just divorce me for no reason other than obtaining my wealth - say she cheats on me and demands a divorce - there'll be no way I can counteract this? (I don't want to sound shallow, but I'll be earning much more than she will be, so was wondering if it's legal for her to just divorce me for the money or does she have to have a legitimate reason)

    People can obtain a divorce simply based on the fact that they no longer wish to remain married. No reason needs to be given. So yes, I suppose your future wife could just divorce you "for the money" and you wouldn't be able to stop her. You can't force someone to stay married to you if they don't want to.

    3. If I DO sign it, how much still will I have to pay her? What if kids are involved.

    You need to understand that a prenup will only protect whatever assets you have before getting married. Whatever either you or your spouse acquire during the marriage is considered marital property that belongs to the two of you equally. If a divorce should occur, all marital property will be split equally between the two of you. So unless you're quite wealthy right now (not just anticipating that you'll be making a lot of money one day), it's probably a waste of time to get a prenup. If kids are involved, whatever the laws in your state say about custody, visitation and child support will apply. Nothing that is written up in a prenup has the power to override existing legislation.

    In a nutshell, marry a woman who is not a gold-digger. Don't marry someone because she's sexy or because she's willing to put out. Marry someone who has kindness, loyalty, respect, class and a sense of humor. That kind of woman is most likely to be the kind of woman you'll actually spend the rest of your life with. Also, work on your own insecurities. You are worrying about losing money you haven't even made yet. Doesn't that seem a little over the top to you in terms of unfounded paranoia?

  • ?
    Lv 4
    4 years ago

    Prenuptial Agreement Questions

  • Anonymous
    5 years ago

    Everyone view a prenuptial agreement differently, but many people may take offense to it and see it as rude and distrusting. A majority of regular people don't have prenups because they don't have a large amount of wealth or property when they get married.

    If you don't have a prenup, she'll legally be able to ask for half of what you and her own, including the weather and assets you brought into the marriage. Pretty much anything counts as a "legitimate" reason to get divorced. You don't have to have cheated or anything.

    Signing a prenup protects what you already have before you get married, but each one is different. There's no single amount that you'll have to pay her. If kids are involved, you'll still owe her child support, assuming she has at least partial custody of the children.

    You should meet with a lawyer if you think you may need a prenup. If you are only banking on future earnings and assets, not current ones, a prenup isn't going to help you.

  • 5 years ago

    Unless you come to the marriage with assets, a prenuptial agreement is worthless. Marital assets are still counted as marital assets. No state will uphold an agreement that says she would have to walk away without a portion of the savings and whatnot earned after you tie the knot. Speak to a lawyer about what protections you'll really have in your state BEFORE you bring it up.

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  • 5 years ago

    There is nothing wrong with a fair prenuptial agreement. But your fears for protecting your future wealth that you've yet to earn from the woman you are contemplating marrying who would be by your side WHILE you build your business....well... just don't propose marriage until you are in a more secure mental and emotional position. Dating someone for 4 years does not mean you have to marry them. And, well, if she could read these fears of yours I'd hope she would refuse to marry you. Not because of a prenup.. but because you do not sound remotely ready to be a husband.

  • ?
    Lv 6
    5 years ago

    To be a leally binding contract both party's must sign, and in most states signatures must be witnessed, or notarized, how ever if you also keep finances (bank accounts, savings, etc.) separate as well as taxes (which pay little younger a lot older when you need it,) then you "set the tone" which means that you both agree without an actual agreement that separate financial contractions (what yours is yours and hers is hers. CC, and loans must be separate also. Usually one the man gets utilities etc. in his name but can be female recites and proof of payments at the time of divorce will be needed to obtain over half of assets upon divorce. Your counties free family law center can help with laws and requirements in your situation

  • ???
    Lv 7
    5 years ago

    Unless you come to the marriage with assets, a prenuptial agreement is worthless. Marital assets are still counted as marital assets. No state will uphold an agreement that says she would have to walk away without a portion of the savings and whatnot earned after you tie the knot. Speak to a lawyer about what protections you'll really have in your state BEFORE you bring it up.

  • Anonymous
    5 years ago

    Generally, pre-nups aren't a big deal to older people with lots of assets they acquired prior to the marriage. I have to admit that it's a little pessimistic on your part to have this attitude before you even own anything. I am not sure that's the way you want to start out - if it seems prudent, perhaps your marriage isn't?

  • 5 years ago

    1. Pre-nuptial agreements legally only cover existing assets, not future ones. Most states consider anything earned by either partner during the marriage to be marital assets. State law trumps pre-nup. And it's the law where the divorce occurs that matters, not where the pre-nup was drawn up, where you got married, or any state you lived in while married before divorcing.

    2. A "legitimate" reason is not required for divorced. The specifics vary by state, but most states have a irreconcilable differences sort of reason that is often used.

    3. Again, pre-nups cover current assets. Pre-nups that include clauses like "Spouse X will not receive any money from spouse Y in the event of a divorce, if that divorce is due to spouse X's infidelity" generally do not hold up well in court and are often ignored by the judge. The judge goes by whatever the state laws are. There is no way to put legal stipulations on children that don't even exist yet.

    If you are *this* worried about her leaving you just for your future boatloads of money you'll be making, then perhaps marriage is not the wisest choice.

  • luke
    Lv 6
    5 years ago

    yes. its legal for her to divorce and take your money and property unless you protect yourself going in. I have been married twice but only in religous ceremonies by the archbishop of vienna so never had to worry about all that. I see no point in involving th egovernment in tour personal affairs like that but if you want to then she has to sing a prenup..not just for your security but your future childrens as well. a pre nuptial agreement can protect assets acuired duing marriage as well as trusts. establishing a family trust is the best way toprotect your assets. the fruits of your labors need to be protected. in the future dont combine your finances or purchase a home together. if you own the home and she owns a second hoem that she maintains through her own wages you will nevr have to worry about that if its in the prenup. dont marry someoen who cant contribute an equal share unless you are fully protected. I would suggest just exchanging vows or having a priest marry you...unless your one of those jew dentists

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