Marrying wth a prenup contract?

[Micasa 0]

What can you comment about this.

Does anyone experiences this before?

[del-2-5-2014 1,339]

I completely recommend it.

[Tim/Mav 305]

I completely recommend it.

Sorry my friend.. I don't....

[del-2-5-2014 1,339]

Sorry my friend.. I don't....

I understand, I really do and it's a controversial subject.

Just out of curiosity, have you been through a devastating hellish divorce before?

[Darnell 8,478]

Micasa !!! There are several prenup threads already, chock full of comments and legalese.

Have you looked for them in the advanced search tool here at VJ? Please, try, soonish.

Tim !! Hey You Ol Rascal - what's a crack-a-lackin this quarter?

[Tim/Mav 305]

Staying with the OP's Post.

The Pre-nup means you came with the clothes on your back and you leave the same way. After Marridge save every Reciept for purchases so you can get half in case of dissolution, The engagement ring is a promise of Marridge but not meeting that promise returns it back to the USC.

Old men like me should never make a Pinay fall in love and later tell them. Oh I NEED YOU TO SIGN THIS. Often, in case of break-up they won't even offer a flight back home for her.

If you build a house made out of wood and it burns down who do you turn too. So now you build one made of concrete and a earthquake destroys that also. What are Marridge Vows and have you ever seen a Pre-nup in the Bible. If you can answer that: I'd love to see it.

Don't forget a Marridge Vow is Sacred before God.

[del-2-5-2014 1,339]

Staying with the OP's Post.

The Pre-nup means you came with the clothes on your back and you leave the same way. After Marridge save every Reciept for purchases so you can get half in case of dissolution, The engagement ring is a promise of Marridge but not meeting that promise returns it back to the USC.

Old men like me should never make a Pinay fall in love and later tell them. Oh I NEED YOU TO SIGN THIS. Often, in case of break-up they won't even offer a flight back home for her.

If you build a house made out of wood and it burns down who do you turn too. So now you build one made of concrete and a earthquake destroys that also. What are Marridge Vows and have you ever seen a Pre-nup in the Bible. If you can answer that: I'd love to see it.

Don't forget a Marridge Vow is Sacred before God.

Not totally true.

The prenup says what happens should the marriage end. Many prenups include who gets what property, what property predates the marriage, etc

It absolutely never says a Spouse leaves empty handed.

"The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event ofdivorce or breakup of marriage. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery; further conditions of guardianship may be included as well."

http://en.wikipedia.org/wiki/Prenuptial_agreement

Edited August 3, 2013 by Gowon

[Tim/Mav 305]

Not totally true.

The prenup says what happens should the marriage end. Many prenups include who gets what property, what property predates the marriage, etc

It absolutely never says a Spouse leaves empty handed.

"The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event ofdivorce or breakup of marriage. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery; further conditions of guardianship may be included as well."

http://en.wikipedia.org/wiki/Prenuptial_agreement

The division of Property is what is accummuted during the Marridge. Again, my forsite on a Pre-Nup is not in God's Law but a man-made excuse for uncertainty.

[Tim/Mav 305]

Micasa !!! There are several prenup threads already, chock full of comments and legalese.

Have you looked for them in the advanced search tool here at VJ? Please, try, soonish.

Tim !! Hey You Ol Rascal - what's a crack-a-lackin this quarter?

LOL Darnell, I remember a post like this.

[I AM NOT THAT GUY 5,715]

What can you comment about this.

Does anyone experiences this before?

Don't do it. It is totally unfair to the immigrant.

[Darnell 8,478]

Micasa - this seems to be one of the better topics about prenups here -

http://www.visajourney.com/forums/topic/412741-prenup-agreement-discussion/?hl=%20prenup

However, I do invite you to use the advanced search tool.

search term = 'Prenup'

then again with 'Prenuptial'

------

If you are marrying a USCitizen with substantial assets and adult children - usually assets listed in the prenup are protected from asset re-assignment during divorce proceedings and sometimes death. However, assets obtained during the marriage are usually exempt from the prenup. A 'good' prenup also contains wording that gives conditions over timeticks and duration - for example - if you two were married for 20 years and the USCitizen dies, you would be awarded something covered in the prenup (with the assumption that the remainder goes to the adult children) .

So, in essence, you need to determine WHY the USCitizen is asking for a prenup - and this is a conversation that you must have, without heat, without prejudice, simply to listen to the USCitizen for the explanation.

Now, I am not a lawyer, nor do I play one on TV, but I had a prenup with my first marriage, as I walked into that marriage with intellectual property, an ongoing business, and substantial assets. Walking out of that marriage, the prenup that was signed re-allocated a bit of the substantial assets to our child, but hey.. I digress.

I have also reviewed about 30 prenups in my time, my friends asking me to review their stuff before and during their marriages. But I don't give legal advice, and I certainly wouldn't give legal advice here at VJ (again, I'm not a lawyer).

Also, remember, that a prenuptial agreement USUALLY trumps any 'community property' laws in the state in which you will marry and/or reside - so bear that in mind if you are presented with a prenup to review.

The worst case scenario for a prenup? The divorced couple walks away from the marriage with exactly what they brought into it, each their own 'stuff', and any jointly-obtained properly is divided per divorce court ruling.

alrighty -that's it - good luck with yer own research.. use that 'advanced search tool' here..

[VanessaTony 3,567]

What can you comment about this.

Does anyone experiences this before?

As I've said in other threads of these (including the one Darnell linked) I think they serve a purpose. It's not something I need (I don't have the assets and neither does my husband) but if i were expecting a gift from a will, or some other inheritance for example, it might be prudent to ensure that in the event of a divorce that particular asset was protected.

i would have signed one had Tony asked about it. I would have taken a copy to a lawyer for myself, and had changes added to ensure I felt fully protected (paying for a return flight home for example).

Whether one is acceptable or not depends on the people and their relationship. Whether the relationship is perfect or not, you can't predict the future. Hopefully it will never be needed but it's there in case it is (and you can also make changes, by agreement, or even cancel it later if you want/need).

[April-n-Gary 17]

ok, like the previous poster, I'm not a lawyer, but I have been researching this for a few months.

From what my lawyer explained to me...

1) Both parties have to be counseled by their own lawyer, explaining in detail the provisions of the prenup before signing. He did not advise even having lawyers from the same firm advising each partner. Even recommended her lawyer being able to explain the prenup in her native language.

2) A prenup has to be fair and reasonable to both parties, or can be and usually is overturned in a divorce court.

3) Most prenups have a graduated payment. i.e. if divorced less than say 1 year, they are get so much, after 3 years, another amount, etc. Again, from what I was told, if you don't include something and there is a big difference in income, most divorce judges will void the prenup and impose an alimony anyway so you might as well make it reasonable.

4) You can make a end date if you want, say 10 years. The point, at least in my case where my spouse would be get 1/2 of my retirement in any settlement. Or you can amend or cancel the agreement at any time, as long as both parties agree.

5) In my case both my financial planner and lawyer recommend the prenup because of assets my deceased parent placed in a trust that I oversee for the benefit of my nieces/nephews, and my own children, if I have any.

I've already discussed this with my fiancee, had to explain to her what a prenup was, and she has agreed that it is a good idea.

Just my 2 pesos worth. You really need to look at your individual circumstances, and make your own decision. If you can, ask a lawyer if you need more advice.

[Micasa 0]

We talked earlier and i agreed.. Thanks for all the comments nd suggestion i understand this is something very important to discuss about. of course he told me for our protection. And he agreed he will never leave me with nothing. Of course i understand his side.. He xplained everything to me now. Besides i trust his judgement.

[Dustin and Janen 86]

As I've said in other threads of these (including the one Darnell linked) I think they serve a purpose. It's not something I need (I don't have the assets and neither does my husband) but if i were expecting a gift from a will, or some other inheritance for example, it might be prudent to ensure that in the event of a divorce that particular asset was protected.

i would have signed one had Tony asked about it. I would have taken a copy to a lawyer for myself, and had changes added to ensure I felt fully protected (paying for a return flight home for example).

Whether one is acceptable or not depends on the people and their relationship. Whether the relationship is perfect or not, you can't predict the future. Hopefully it will never be needed but it's there in case it is (and you can also make changes, by agreement, or even cancel it later if you want/need).

Yes, this! They serve a purpose. But, most people don't need them.

I would add if you own a business a pre-nup should be considered to protect the business, incase of divorce.

Also, a pre-nup doesn't cover assets accumulated during marriage. Hints the name.