Prenuptial Agreement

[Stu4Lee 66]

All relationships start with LOVE and TRUST. But what happens when LOVE and TRUST leaves the relationship one day.

You should learn from your past. After going through a divorce ten years ago, you would think the courts would make it fair and balanced decision. No one person should profit or be better off in a divorce settlement.

With no contract, with no prenups I learned the courts are always not fair. I left "OUR" home with only a used pick-up truck and clothes on my back. Even when our income was 70% mine and 30% hers through the years.

I had to start my life over and it took me ten years to rebuild my life.

My future bride to be I love and trust that I will not require her to work outside the house. But if one day our relationship ends I have no problem returning her home at my cost to the same standard of living prior to leaving the family home and business in the Philippians.

IN YOUR CASE - you two have no "ASSETS" so a prenup may not be needed. Keep in mind any pension plans, 401K profit sharing, ect are fair game in a divorce.

Holy ####, don't lose the receipt!!

Just as a matter of interest, what are you going to do if your other half arrives at the POE and declares a change of heart to the pre-nup and won't budge on that??

Women have a habit of changing their mind apparently

[rkk1 34]

I am going through the I-130 process right now. I married my husband overseas, and we got the prenuptial agreement done. We contacted the lawyer some weeks before I left for the wedding in India, and he put together the packet. That packet with my signatures was scanned and the lawyer emailed them to my husband (then fiance). He printed them out, signed them, and scanned and emailed them back. I believe 1-2 of the pages had to be notarized also. He also gave me a hardcopy of them when we had come in for the wedding.

Some of you may think a prenuptial is unromantic, etc. I am fortunate that I have such an understanding husband. I didn't do the prenuptial for myself, as I don't consider myself to have much of anything. However, my name is on some of my parents' accounts, so for their safety the prenuptial was done, as I wouldn't want the outcome of my marriage to (potentially) have effects on my parents' losing their retirement savings. (Although I could have attempted to remove my name from the accounts, it would have made the process much more complicated, which is why we didn't go that route). My husband and I are committed to one another, and he even told me that although he signed the prenuptial documents, he believes that we will never need to utilize them. He just did it for my family's contentment.

Just to mention though: my husband did waive his right to his own attorney when we were putting together the packet. He could have hired a lawyer in the US (which would be very costly) or potentially gotten one in India (though I don't know how that would work as that lawyer wouldn't be there to defend him if there were marital problems in the US). My husband himself is a lawyer and believes in the strength of our relationship, which is why he waived the lawyer. But in many cases this is not a good thing. In my case, the lawyer had put some very unfair terms in the agreement (which would have benefitted me in the case of divorce but might have put my husband in a very bad situation). Luckily I realized this in proper time, and I got really upset with the lawyer and made him change the terms to something much more fair for both of us.... so in essence, I was the one representing my husband, as I did not want anything bad for him in the terms. So I would recommend that if you get a lawyer to write up a prenuptial agreement, make sure you actually read those 30 odd pages or so.

Edited January 14, 2012 by rkk1

[I AM NOT THAT GUY 5,715]

Sounds like you husband created himself a means to have the agreement voided should he ever decide to do so. Hopefully, you both have a long and happy marriage together, and that won't be necessary.

[I AM NOT THAT GUY 5,715]

Of course, a flawed prenuptial agreement is better than no agreement.

[gigarange999 1]

In Illinois, what you have coming into the marriage is yours still in the case of divorce, well at least that is what I think.

I own a small business and would like to protect it from divorce.

We are getting married in 4 weeks. And she lives in another country.


Does anyone know:

1) If I have to display the Value of the business somehow in the prenup? I am not even sure what the value of the business is.

2) Can I do a simple online prenup just listing the business as my only asset? I have nothing else.

3) Does anyone know where I can get some ready-made prenups at?

4) Does anyone have any experience in protecting a business in a prenup?

5) I will finish the prenup, send it down to her and her lawyer, have her and him sign it, along with write a letter saying he represents her and there is no language barrier and they understand everything. They will get it notarized at the US Embassy. She will also record a video saying she is not under any duress or pressure to sign it and understands everything. Should this be enough?

All of the prenups lawyers want to make cost between $2000-$4000 and even though I own a small business, it doesnt have that kind of money. Shouldn't this be simple if I only have one asset being the business and will follow the laws with support and maintenance?

[NickD 203]

Ha, if any of you should happen to marry my ex, you better darn well get a prenuptial agreement. Has a great talent in finding a man hating woman attorney that know exactly how to take you to the cleaners.

Was a bit shocked to learn that Wisconsin is one of several states that has enacted the Uniform Premarital Agreement Act. Must be fairly recent, perhaps one or more of our congressman was screwed, before this, Wisconsin didn't even recognize a prenupital agreement.

Certainly met my share of divorcees that were only interested in having sex as by getting married, would lose their big fat alimony checks from some poor guy. As I was equally such a victim of this crime, just didn't want anything to do with them, they can screw themselves.

And my concensus is, if you are even considering a prenuptial agreement, you have doubts, drop that witch and find somebody else. One nice thing the internet has created, no more limited to that girl next door, have the whole world to choose from. But then you have to put up with that crazy USCIS. Can't win, they also love to rob you blind and make your life miserable.

[gigarange999 1]

Ha, if any of you should happen to marry my ex, you better darn well get a prenuptial agreement. Has a great talent in finding a man hating woman attorney that know exactly how to take you to the cleaners.

Was a bit shocked to learn that Wisconsin is one of several states that has enacted the Uniform Premarital Agreement Act. Must be fairly recent, perhaps one or more of our congressman was screwed, before this, Wisconsin didn't even recognize a prenupital agreement.

Certainly met my share of divorcees that were only interested in having sex as by getting married, would lose their big fat alimony checks from some poor guy. As I was equally such a victim of this crime, just didn't want anything to do with them, they can screw themselves.

And my concensus is, if you are even considering a prenuptial agreement, you have doubts, drop that witch and find somebody else. One nice thing the internet has created, no more limited to that girl next door, have the whole world to choose from. But then you have to put up with that crazy USCIS. Can't win, they also love to rob you blind and make your life miserable.

That definitely sucks to hear about what happened with you but even though I am not looking for an opinion on prenuptial agreements, I feel it's neccesary to respond. I do respect your opinion and your point of view, I just don't agree with it.

We are getting one because I have a small business and I want to protect it, especially because I have employees that I have to protect. It is not because I have doubts, but rather because I am making a smart decision. Just google something like "should I get a prenup if I'm a business owner" and a million things will show up leaning towards your a fool if you don't.

It has nothing to do with her, I would get a prenup no matter who it is. So there is no point in dropping her.

Same reason as car or health insurance, not because there are doubts of you or your driving skills, or your health, it's just because happens, people change. If you are forced to go thru emotional pain, why add financial on top of it.

[NickD 203]

Do know of two women, both friends of my wife, that she spent quite awhile talking to them that were neither happy living in the USA or with their husbands. Both received a quiet no claims divorce, you can do that by the way. Packed up just their personal belongings, and just went back home. But then you can run into a woman or vice-versa that will try in a court of law to gorge you to death.

With zero experience in immigration, hired one of the top immigration attorneys for guidance at a flat fee, he strongly recommended that my wife sign an I-864A to share the burden in case we broke up for any reason. Wife had no problem signing that, this, even in a minor form, is a sign of equality. But that would be a good question if she refused to sign it.

Was no such thing about a prenuptial agreement in Wisconsin when we got married, took the risk anyway. But certainly don't see any harm in it. This is a very personal matter between you and your intended, and has to be your intended, too late after you are married. I am sure my wife would have been willing to sign that as well, again its a sign of entering into marriage on a equal basis. And if she refuses to sign it, a good sign she or he is trying to gorge you.

Was very bitter after my divorce, often made the comment if reading your state's divorce laws during your marriage ceremony, no one would be an idiot to tie that knot. But with this women I met, yes there are problems, always problems, we can actually sit down and talk it over without hitting or throwing things. And if she can't come up with a solution, I can or vice-versa.

If your intended is willing to partake in a prenuptial agreement, it is not an agreement where either of you is planning on taking unfair advantage of each other, but just the opposite, much more of an equality agreement. Ha, if she refuses to sign it, that is when you start looking elsewhere. Had to do more thinking on this subject before typing.

With that suspreme court decision yesterday, became an issue on Wisconsin marriages. Marriage is not a sacrament in Wisconsin, but is a business contract. In my business, generating contracts was key, depended on a good business attorney for that. He always insisted on equality. Do tend to get more emotional with marriage, but according to law, still a business contract.