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VIP July 2014

Prenuptial agreement anyone?

pittielvr, on September 23, 2013 at 5:53 PM Posted in Planning 0 19

Any of you ladies have a prenup? How did you approach it with your Fi (or him with you)? Why did you decide to get one?

Me- I haven't asked for one yet, but its on my mind. We have the same earning potential and earn very similar amounts, but I own a house and have significantly more in savings. I once heard someone say that the person you marry isnt the person you divorce.. In the event we would get divorced, i don't think FI would screw me over, but if we get divorced then one of us had a major personality change.

19 Comments

Latest activity by BalletShoesRachel, on September 24, 2013 at 10:43 AM
  • OMW
    Master August 2013
    OMW ·
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    I'm not even though I have more money than him. Several things depends on the state you're in. Your house, for example, will still be yours after you get married unless you put him on the mortgage. Your money before you get married remains yours.

    Honestly, if I made a significant amount more and had a significant amount more potential, I might. I love my FH and I don't think he'll do anything to cheat me, but like you said - one might have a major personality change.

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  • Hot chocolate
    VIP November 2013
    Hot chocolate ·
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    I too have a home a paid of car and sig more savings. But I don't know...maybe I am stupid but I don't think we need it. Maybe I'm a fool in love lol. But I wouldn't dream of it.

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  • Lori
    Master June 2015
    Lori ·
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    I'm not but only because I don't have any assets! But as a law student I highly recommend talking to a lawyer. It's not just what property remains "yours", because in a divorce that won't always matter. Debt can be factored in as well. And its not just divorce--prenups can be written to protect any children in the event of a death (e.g. if wife dies first, all her property might go to husband, who could then remarry and new wife could inherit wife's property. A prenup could ensure a deceased spouse's property would go to the surviving spouse and then any children). Moral of the story: if you have any thoughts or concerns, talk to a lawyer!!!

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  • Z
    Master May 2012
    Zoe ·
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    Tootandstinkbug-- if you're thinking about/planning to, talk to your guy sooner rather than later. You want him to feel like he can really talk to you about it, not that he's trapped and has to sign, because it's too late to back out-- no one wants to feel like that, and it's not a nice way to start a marriage.

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  • Amber
    VIP October 2013
    Amber ·
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    Don't forget, ladies - even if your FH has more assets, he probably has more debts as well, and that would be bound to you if you should get a divorce, depending on the state.

    FH and I are getting one both to maintain freedom, autonomy, and protect each other from our debts.

    @tootandstinkbug, we just talked about it like it was an obvious thing that needed to happen.

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  • Jessica
    VIP July 2014
    Jessica ·
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    I think it depends on who is supporting who and how you word it. I personally would have no issues signing one provided I knew I would be take. Care of and vice versa. If he's starting to contribute to your mortgage once your married have your lawyer draft and agreement saying that you had x amount of equity in the house before you marry and if something should happen your entitled to that money back first. Fh wanted that when we bought our house and I was fine by that. Money wasn't mine to begin with. But I would expect any equity that we put in together to be split.

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  • kahlcara
    Master August 2013
    kahlcara ·
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    We talked about doing one.. my parents had a conversation with my brother and I a long time ago that they wouldn't recommend getting married without one and since they were paying for the wedding I thought it might come up as a condition (it didn't). H and I thought about it, but even doing one through Legal Zoom or that type of service would have cost us $1000, which is a lot for us right now. I also don't think that a prenup would make sense for us down the road as earning potential will likely change enormously (we're 23 and 24--I'm a legal secretary planning to go back to school and he's in grad school full time and working one day a week). It wouldn't make sense for us to write a prenup based on what we earn now/bring into the marriage versus what the income and assets will hopefully be in the future.

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  • Heather S
    VIP October 2013
    Heather S ·
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    You Don't Need A Lawyer Or To Go To Legal Zoom. All You Need Is To Draft It Out And Sign It.

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  • Tiffany
    VIP May 2017
    Tiffany ·
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    We have not discuss this. I'm a student now. I have no loans, but I live with my parents and sometime soon I will need a newer car. So you can say I have nothing going into the marriage. He is in the military. Honestly, I will make more than him soon as I'm finished with college. We have broken up before, so I know how he acts in that situation, although no money or valuables were involved. I come from a divorced family. I know how people act. I would like to know my butt is covered incase he goes off the deep end.

    Honestly, I don't think anything is wrong with it. It's just you being smart, and making sure you're protected.

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  • Amber
    VIP October 2013
    Amber ·
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    @Heather, it depends on the state.

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  • C
    Beginner August 2014
    Cami ·
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    This was something we discussed when we meet, both my FH and I earn good money but this is something that I brought up to him. I dont think he would try to hurt me if we were to divorce however you never know when someone is upset. What we had before the marriage we keep and what is aquired after the marriage we will slip.

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  • H
    Master October 2013
    HalloweenBride ·
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    If you feel it's something you want, do it. People DO change, and even if it's an amicable divorce, and let's hope it never goes to divorce anyway, you may still have to split assets, including those that were yours before the marriage.

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  • er.jhj2014
    VIP August 2014
    er.jhj2014 ·
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    We won't be. Everything we have in our relationship is what we have built together and will continue to be that.

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  • D1
    Master October 2013
    D1 ·
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    "And its not just divorce--prenups can be written to protect any children in the event of a death (e.g. if wife dies first, all her property might go to husband, who could then remarry and new wife could inherit wife's property. A prenup could ensure a deceased spouse's property would go to the surviving spouse and then any children)"

    A prenup does not have to cover this. A will can, and it can be modified. Designation of guardian provides for the care of children. I am not an attorney but I was a legal assistant for my dad who practiced probate law for over 45 years. I drew up many of these.

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  • KayDwitWill
    Master May 2015
    KayDwitWill ·
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    I asked FH for a prenup only becuase his family owns a lot of farm land. I'm from the city and I want none of it. I wanted the prenup mostly for his father to let him know should FH and I split I wouldn't ask for any of the land. I think that it should stay within the family. However, we have a daughter together and I would want her to be taken care of but I don't want the land or even think about selling it. If I had to be the trustee over the land it would sit until she is old enough to handle it herself. I would even make sure the taxes were paid on the land.

    I could care less about money as he nor I have much to give right now ir later.

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  • We'llAlwaysHaveParis
    Master November 2013
    We'llAlwaysHaveParis ·
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    After my first marriage ended, I swore I wouldn't do it again without a pre-nup, but then I met FH. We don't have one, and I don't want one.

    Having been through what I was with my ex, I certainly don't fault anyone who does.

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  • H
    Master October 2013
    HalloweenBride ·
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    @kahlcara - if you're planning on having more income/assets in the future, you can actually include that in your pre-nup and should. They are meant to protect current AND future assets. What if he drops out of school and has a crap job and you don't and get a fantastic job, then you get divorced, then YOU pay alimony.

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  • Lacey
    Master May 2014
    Lacey ·
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    We're not getting one, but I don't think it's a bad idea to get one.

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  • BalletShoesRachel
    VIP September 2014
    BalletShoesRachel ·
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    FI brought it up to me, very delicately. He basically just wanted to draft something that says, in the event of a divorce, things would be split 50/50. I mean, people get VICIOUS during a divorce, and even though we trust each other, we each also know what the other is capable of, if feeling trapped or desperate. We don't anticipate anything ever happening, but you know, who does? This way, neither of us would be without means, whatever the circumstances.

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