SAMPLE PRE-NUPTIAL AGREEMENT

[Kurt y Dora 1]

Maybe your wife felt it was necessary to protect herself. Prenupts are a cop out. Why bother getting married if you are worried about it ending before it takes place?

We actually don't have a prenup. However, if I was to marry anyone from a 2nd or 3rd world country, I would get it. How many cases in this forum alone have I read of people jumping from marriage to marriage, or meeting someone else; coincidentally after they get a visa. Marriage to many from such countries is a gateway to a better life. You and I may not see it like this, but it is for many.

I guy I know of was scammed like this by a Russian girl. He was a really nice guy but just naive.

I guess the point I am trying to make is be sure or as sure as possible before you jump into marriage. Especially with someone you really don't know. And you know as well as I do that you don't really know a person until you are living with them.

I think I know Dora quite well, but I thought I knew my ex-wife very well before we were married and it didn't turn out that way - but I stuck with it 22 years. As you said , you don't know someone until you are living with them, but the geniuses in our government have decided that 90 days is quite sufficient to allow two people from different countries and cultures and often vastly different socio-economic backgrounds to "be certain". How many US Citizens here would EVER get married to even their own current SO in 90 days if they both lived here? I'd bet 90% plus would give themselves more time. So, given the compressed time frame in which that decision is forced upon us, I am opting for the pre-nup as the "safety valve" to counter-act the lack of time.

Edited October 8, 2009 by Kurt y Dora

[Ban Hammer 15,087]

Maybe your wife felt it was necessary to protect herself. Prenupts are a cop out. Why bother getting married if you are worried about it ending before it takes place?

We actually don't have a prenup. However, if I was to marry anyone from a 2nd or 3rd world country, I would get it. How many cases in this forum alone have I read of people jumping from marriage to marriage, or meeting someone else; coincidentally after they get a visa. Marriage to many from such countries is a gateway to a better life. You and I may not see it like this, but it is for many.

I guy I know of was scammed like this by a Russian girl. He was a really nice guy but just naive.

I guess the point I am trying to make is be sure or as sure as possible before you jump into marriage. Especially with someone you really don't know. And you know as well as I do that you don't really know a person until you are living with them.

I think I know Dora quite well, but I thought I knew my ex-wife very well before we were married and it didn't turn out that way - but I stuck with it 22 years. As you said , you don't know someone until you are living with them, but the geniuses in our government have decided that 90 days is quite sufficient to allow two people from different countries and cultures and often vastly different socio-economic backgrounds to "be certain". How many US Citizens here would EVER get married to even their own current SO in 90 days if they both lived here? I'd bet 90% plus would give themselves more time. So, given the compressed time frame in which that decision is forced upon us, I am opting for the pre-nup as the "safety valve" to counter-act the lack of time.

one should be certain before filing the paperwork..........

[NickD 203]

Is there a statue of limitations on a prenuptial agreement, seems like after twenty years of marriage, other factors may enter.

[justashooter 430]

If you feel you need a prenupt, think carefully about getting married in the first place. It's a cop out.

if you have significant assets and don't get one, you're a fool.

pre-nups are considered normal in most developed countries, and any woman worth marrying will understand. they can be a valauable tool for judgement of the character of the prospective spouse.

[Heracles 417]

I think I know Dora quite well, but I thought I knew my ex-wife very well before we were married and it didn't turn out that way - but I stuck with it 22 years. As you said , you don't know someone until you are living with them, but the geniuses in our government have decided that 90 days is quite sufficient to allow two people from different countries and cultures and often vastly different socio-economic backgrounds to "be certain". How many US Citizens here would EVER get married to even their own current SO in 90 days if they both lived here? I'd bet 90% plus would give themselves more time. So, given the compressed time frame in which that decision is forced upon us, I am opting for the pre-nup as the "safety valve" to counter-act the lack of time.

Now factor in that you are dealing with people from a totally different culture and mindset to that of our own. It's one thing when a partner comes from your own country or another first world country, but a totally different ballgame when it comes to second or third world. Even then, as you pointed out, it's hard enough to truly know someone when they are from the same country. Realistically speaking, someone from another first world country is much less likely to to be marrying for a green card. Whereas, to someone from a 2nd or 3rd world country, a marriage can very well be the gateway to a better life.

If you feel you need a prenupt, think carefully about getting married in the first place. It's a cop out.

if you have significant assets and don't get one, you're a fool.

pre-nups are considered normal in most developed countries, and any woman worth marrying will understand. they can be a valauable tool for judgement of the character of the prospective spouse.

You're sharp to the ways of the world shooter.

[LoriLawless 1]

If you feel you need a prenupt, think carefully about getting married in the first place. It's a cop out.

if you have significant assets and don't get one, you're a fool.

pre-nups are considered normal in most developed countries, and any woman worth marrying will understand. they can be a valauable tool for judgement of the character of the prospective spouse.

Gotta agree with this.

[Marina-Del 10]

I'm getting married here in Brazil in 2 days -as such I don't know how it is in the US, so someone please tell me if it's the same or different or whatever.

Anyway, when we went to apply for our marriage license we had to choose from 3 choices of how we wanted our assets to go -in case of divorce. The first choice was for all of our assets either purchased before or after the marriage to be completely and totally shared (everything half-half), the second choice was for every thing that belonged to me before the wedding and everything that belonged to him before the wedding would remain the property of the original owner and everything that was purchased (or earned) after the wedding would be shared equally, and the 3rd option was for everything to always be separate.

Anyway, I thought that was pretty cool. I'm sure if you were really loaded then it would still be a good idea to do the complete pre-nup, but at least that's something.

Does the US do that too?

[justashooter 430]

I'm getting married here in Brazil in 2 days -as such I don't know how it is in the US, so someone please tell me if it's the same or different or whatever.

Anyway, when we went to apply for our marriage license we had to choose from 3 choices of how we wanted our assets to go -in case of divorce. The first choice was for all of our assets either purchased before or after the marriage to be completely and totally shared (everything half-half), the second choice was for every thing that belonged to me before the wedding and everything that belonged to him before the wedding would remain the property of the original owner and everything that was purchased (or earned) after the wedding would be shared equally, and the 3rd option was for everything to always be separate.

Anyway, I thought that was pretty cool. I'm sure if you were really loaded then it would still be a good idea to do the complete pre-nup, but at least that's something.

Does the US do that too?

laws vary by state, but in most states people can make legal agreements on the issue that are binding. most people marrying with difference in assets choose something similar to your second option, even if they have different income potentials. this demonstrates respect for the lives they lived before marriage, and respect toward each other during the marriage. this is exactly what my pre-nup with Li requires.

the one detail you left out has to do with increase (or decrease) in equity related to items under mortgage (not yet completely paid for). in our case she waived rights to increase in the home equity as the mortgage was in it's final 4 years, and the payments were nearly all equity. i had absorbed the early years of the mortgage when the payment was almost all interest, so why not? of course, then, we re-financed to pay for some fun stuff, and i'm back to 8 years, with a little more balance, but a lower payment. it's all at my risk, but potentially all at my gain.

the point is, that mortgage amortization (google it) can be a strategic consideration in a pre-nup.

Edited October 8, 2009 by justashooter

[Marina-Del 10]

Interesting justashooter....I know it's going to be different for different states, but do you know if any states REQUIRE

Interesting justashooter....I know it's going to be different for different states, but do you know if any states REQUIRE that you choose any options like this?

These 3 options were not a choice. We could choose which of the 3 we wanted, but we HAD to choose one. You can't get married here (at least in São Paulo state) unless you get married already signing one of these "plans".

[Danno 1,228]

If you have kids, your children normally have a rightful claim to a share of your worth should you pass.

Without a prenupt a will might be over ruled and your children will watch new wife and her K-3 kids walk away with more than you think is fair.

So a prenupt can protect more than you from loss and you might have a duty to protect the interests of others, if not your own.

As was mentioned by Justashooter, these agreements can have time horizons such as, with each year of marriage each spouse is entitled to more assets.

Given the foreign spouses economic situation, one should include things in the Prenupt which benefit them as well such as: travel expenses home in the even of a failed marriage and a lump sum to get resettled as many people give up jobs, housing etc to relocate.

Find out what's important to her and protect her interests too.

I Don't have a prenupt but I am sure my wife would want to protect her 2 Properties back in Russia.

[HYENA 4]

Maybe your wife felt it was necessary to protect herself. Prenupts are a cop out. Why bother getting married if you are worried about it ending before it takes place?

We actually don't have a prenup. However, if I was to marry anyone from a 2nd or 3rd world country, I would get it. How many cases in this forum alone have I read of people jumping from marriage to marriage, or meeting someone else; coincidentally after they get a visa. Marriage to many from such countries is a gateway to a better life. You and I may not see it like this, but it is for many.

I guy I know of was scammed like this by a Russian girl. He was a really nice guy but just naive.

I guess the point I am trying to make is be sure or as sure as possible before you jump into marriage. Especially with someone you really don't know. And you know as well as I do that you don't really know a person until you are living with them.

I think I know Dora quite well, but I thought I knew my ex-wife very well before we were married and it didn't turn out that way - but I stuck with it 22 years. As you said , you don't know someone until you are living with them, but the geniuses in our government have decided that 90 days is quite sufficient to allow two people from different countries and cultures and often vastly different socio-economic backgrounds to "be certain". How many US Citizens here would EVER get married to even their own current SO in 90 days if they both lived here? I'd bet 90% plus would give themselves more time. So, given the compressed time frame in which that decision is forced upon us, I am opting for the pre-nup as the "safety valve" to counter-act the lack of time.

one should be certain before filing the paperwork..........

the 90 days is not to be certain if you read it. It's emphasized over and over this is not a trial period but all the trials and getting to know each other was already to have taken place and the marriage itself is to take place in 90 days.

but for all practical purposes it's a trial period.

I'm considering one...It's bad enough we have to support for 10 years and guarantee...but I'd say 10 years and the prenup is void. i think that's fair

[HYENA 4]

given the fact I'm legally barred from owning any property in Thailand, It's not a fair draw that way.

Does anyone have a cut and paste prenup here? i haven't seen any examples of what people wrote as the OP was seeking...