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Sarah
Expert October 2021
Sarah, on October 29, 2019 at 4:32 PM

Posted in Community Conversations 29

I was just wondering if anyone has done a prenup or is thinking about doing one? I am undecided.
I was just wondering if anyone has done a prenup or is thinking about doing one? I am undecided.

29 Comments

  • G
    Dedicated August 2020
    Gean ·
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    Thinking of doing one Smiley smile in general it's better to do it!

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  • Gen
    Champion June 2019
    Gen ·
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    We didn’t because my husband had thankfully paid off all his student debt before our wedding, and neither of us had any other debts or assets really lol. We’re renting a condo together and both of us lease our cars.

    If either of us had any debts or properties with large value we probably would’ve gotten one. I think they’re a really smart idea. If you stay together forever then the worst thing that happens is you wasted some time on the prenup. But if you do split (which no one ever thinks they will...) it’s better to have done it. The only reason we didn’t is because when we were looking into it we realized we literally had nothing to even put in it hahaha, so it just wasn’t relevant for us 🤷🏻‍♀️
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  • Sarah
    Expert October 2021
    Sarah ·
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    Thank you everyone for your responses, they have been very helpful.
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  • J
    Master October 2019
    Jolie ·
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    What does a debt have to do with being married? A pre-nup just says that the debt still belongs to the individual? I have student debt but like that's mine to pay and my husband and I agreed upon that. I don't think it's fair he pay it off. So if a divorce happened both are responsible for that debt? Is that what the pre-nup prevents? That doesn't make sense to me. I took out the loan he didn't.

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  • D
    Dedicated December 2019
    DIY Bride ·
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    My FH and I are getting a prenup. I own a house (with a small mortgage) and I saved a good amount of retirement money over the years. My FH owns two houses (one with a mortgage of what it is worth, and one that is totally gutted) and he has a good amount of debt at this point.

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  • Gen
    Champion June 2019
    Gen ·
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    I’m not exactly sure how it works but I do know it’s much more complicated than it seems lol. I just would recommend talking to a lawyer to have them explain it to you if you aren’t sure, and then you can decide from there if it’s worth it to have a prenup or not.

    I’m just saying since we both had no debts and no large assets it didn’t seem logical to even take that next step to ask questions to a lawyer.
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  • Bailey
    Dedicated July 2020
    Bailey ·
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    I feel like you shouldn't go into a marriage planning on divorce lol, it definitely seems like you're setting yourself up for it knowing there's a back-up plan

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  • Stephanie
    Dedicated November 2019
    Stephanie ·
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    I'm a lawyer and I'm also trying to comprehend why you would get a prenup over separate debt, especially student loan debt! I don't handle family and divorce law but I know enough about property law to understand why it is significant to do a prenup for property, inheritance and trusts... but why would you need a prenup for student loan debt? The lenders can't come after the spouse for the debt unless the spouse co-signed... for most student loans, the loans die when you die... is it just a covenant that in the event of divorce, the spouse will not have to contribute to your student loan payments? The only way I can see that as an issue is if the spouse with the debt gave up their job and solely relies on the other spouse's income. I would genuinely like to know if there are considerations that I'm overlooking. Lol
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  • J
    Master October 2019
    Jolie ·
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    Okay thank you... I was generally confused as well. I was sitting here like uhh I signed my own loan by myself nobody else. We didn't consider prenups at all. My loan is my loan. His truck loan is his to pay off. We will combine money for other things. The house is my husband's, but I didn't care because we will buy a new home together next year more than likely. Thank you for the input! I'd say even if the one spouse didn't work and the other's income was technically paying the loan, then when they get divorced obviously that person who didn't have a job needs to get one to pay their loan. Smiley xd

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