Prenuptial Agreement

[vacrimefighter 10]

One in three of all first marriages ending in divorce, and 50 percent of second or third ones hitting the skids, a prenup is smart financial planning. "Marriage is not just an emotional and physical union -- it's also a financial union.

Since I have everything to lose, just wondering if any other VJs, have a Prenuptial Agreement in place.

[quartercloud 5]

One in three of all first marriages ending in divorce, and 50 percent of second or third ones hitting the skids, a prenup is smart financial planning. "Marriage is not just an emotional and physical union -- it's also a financial union.

Since I have everything to lose, just wondering if any other VJs, have a Prenuptial Agreement in place.

Yes, and for those of you that have one, what are the main points? What or how does it limit claims?

[Bobby+Umit 161]

Pre-nups are a fact of life if you have assets/money > then most people have.

You can also use them to protect your prior children to the new marriage, there are cases where the "new" wife tried to claim custody over the mans own children.

I know of several people that have them - there not based on "love" but on the reality of life.

As long as you allow your partner to really understand the pre-nup- and allow them to add their own - then it should not be a big issue. (btw - make sure both parties are represented by different lawyers)

[Bobby+Umit 161]

Yes, and for those of you that have one, what are the main points? What or how does it limit claims?

Some things I know:

Protection of assets before the marriage, split of assets at the divorce (assets that were made during the marriage), alimony payments (lump, monthly, etc...).

Sometimes they override what the state laws are - since you agree to the terms before entering the marriage.

Children (who gets them, prior children, assets for them)

Housing - pets.

[vacrimefighter 10]

Generally, a prenuptial agreement can deal with the following:

(a) division of property on divorce;

(b) whether particular items are considered community property or separate property;

© ownership of the marital residence;

(d) responsibility for premarital debts;

(e) distribution of property on death (although you also need to update your estate planning documents to reflect his);

alimony obligations (in most States);

(g) financial responsibilities during the marriage;

(h) under which state’s law the prenup is (otherwise it will be the state of the divorce, and not the marriage);

(i) how disputes about the prenup are to be resolve (for instance through mediation or arbitration); and

(j) sunset clause – many couples allow that their prenuptial agreement will not be valid if they are married for a certain number of years.

[NY_BX 397]

One in three of all first marriages ending in divorce, and 50 percent of second or third ones hitting the skids, a prenup is smart financial planning. "Marriage is not just an emotional and physical union -- it's also a financial union.

Since I have everything to lose, just wondering if any other VJs, have a Prenuptial Agreement in place.

This is a great topic, thank you for posting this.

I am very curious to know, for everyone's benefit: Can anyone include clauses regarding infidelity or fraud or deceipt in a pre-nup? In other words, let's say (and this is part of a reality of life) you marry and suddenly the tables turn and you suspect you've been used for immigration purposes. Then you compile evidence to the fraudulent scam. Can you write a clause that requires the immigrant to.... (fill in the blank)? For example: "Should there be evidence of fraud, you will be reported and the beneficiary must pay back all fees incurred in the visa process by the petitioner."

I think that will be smart and maybe, only maybe, could be a tool for leverage.

[vacrimefighter 10]

I am including everything but the kitchen sink NOW will it be forceable, will be another thing. So I am including that in my written agreement

In the event any provision of this Agreement is deemed to be void, invalid, or unenforceable, that provision shall be severed from the remainder of this Agreement so as not to cause the invalidity or unenforceability of the remainder of this Agreement. All remaining provisions of this Agreement shall then continue in full force and effect. If any provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and breadth permitted by law.

This is a great topic, thank you for posting this.

I am very curious to know, for everyone's benefit: Can anyone include clauses regarding infidelity or fraud or deceipt in a pre-nup? In other words, let's say (and this is part of a reality of life) you marry and suddenly the tables turn and you suspect you've been used for immigration purposes. Then you compile evidence to the fraudulent scam. Can you write a clause that requires the immigrant to.... (fill in the blank)? For example: "Should there be evidence of fraud, you will be reported and the beneficiary must pay back all fees incurred in the visa process by the petitioner."

I think that will be smart and maybe, only maybe, could be a tool for leverage.

[vacrimefighter 10]

For a pre-nuptial agreement to be enforceable there are three requirements. First, fulll and fair disclosure, Second, separate and independent counsel {unless waived} and Third, ample lead-time before the wedding.

[TeapotGirl 66]

"Zeta-Jones is guaranteed $2.8 million for every year of marriage, plus a $5 million bonus if he is caught cheating. She thinks prenups are "brilliant." (I have to agree; including a cheating clause was quite the brilliant move on her part.)

I am suggesting a pre-nup, I told my fiance that I like Catherine Zeta Jone's pre-nup to Michael Douglas, yeah forget the amount because he doesn't have that much. I want the set up to be like a a vice-versa that "whoever cheated gets punished". My fiance doesn't want to though. He said it doesn't sound romantic but I am okay with it even if he's the one who has everything to lose.

[baron555 934]

One in three of all first marriages ending in divorce, and 50 percent of second or third ones hitting the skids, a prenup is smart financial planning. "Marriage is not just an emotional and physical union -- it's also a financial union.

Since I have everything to lose, just wondering if any other VJs, have a Prenuptial Agreement in place.

Nope. No need to and we don't necessarily plan to divorce. If we did, we'd both take our chances.

[vacrimefighter 10]

There is "NEVER" a plan for divorce and failure when the relationship is good. If you read one of the earlier "HOT" threads, someone is going through this issue after only one year.

Protecting yourself and assets is critical !

[Leatherneck 693]

There is "NEVER" a plan for divorce and failure when the relationship is good. If you read one of the earlier "HOT" threads, someone is going through this issue after only one year.

Protecting yourself and assets is critical !

[vacrimefighter 10]

I personally think there is so many reason to have a prenuptial agreement to protect the "BOTH" of you.

Uniform Premarital Agreement Act

The UPAA has been adopted by 27 states (Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas, Utah, Virginia, and Wisconsin)

The UPAA has been introduced in 2009 and not yet adopted in these states (Mississippi, Missouri, South Carolina, and West Virginia)

[szemek 12]

There is "NEVER" a plan for divorce and failure when the relationship is good. If you read one of the earlier "HOT" threads, someone is going through this issue after only one year.

Protecting yourself and assets is critical !

I know now a days it makes a lot of sense to have a prenup. But I cannot get over the above statement. To me this says loud and clear "I care about my stuff and my money more than you." Which in my mind does not fit the definition of love that I know and believe. And so I could never ever even think about doing a prenup. I want to give my all and everything I have to my marriage. And if it doesn't work out and I still have stuff, then I didn't give it my all.

That being said, I know not everyone view love and marriage like I do. So I will never judge anyone that gets one, especially when dealing with legal issues with immigration, second marriages etc. Like I said, from a purely logical point of view it totally makes sense. Marriage is what doesn't make sense.. : p

Best bet is to check with a lawyer to help you write one up I would say. They know what they're doing. And yes, pretty much anything can be on a prenup: cheating, etc. I've even read about ones where there are consequences for the woman gaining too much weight...

[vacrimefighter 10]

Love is a partnership, you are signing contract to get married. "So why not a prenuptial" contract... to protect the both of you.

Do {ALL} couples live up to their "VOWS " if they did, there would be no divorce....

To have and to hold, from this day forward, for better, for worse, for richer, for poorer, in sickness or in health, to love and to cherish 'till death do us part. ...