You have a lot and she has nothing. With a 50% chance of divorce these days, you may likely lose half of all your hard-earned possessions. But the unromantic thought of signing the agreement may turn her off and not marry you. But if she won't sign the agreement, then perhaps she is after your money after all, even though she says she isn't. But if she isn't, then why won't she sign it? Or maybe you just shouldn't ask her to. What to do???
Premarital agreements
- Thread starter hyperdog
- Start date
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Look at it another way. Why won't she sign it. Pre martial agreements work both ways and clears up a ton of headaches should the marriage go south.
Good luck.
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If you have or are cohabiting in your or her home, without a nortorized agreement, you both have contributed to expenses guess what ownership is 50o/o! If you plan a prenup, get a vestecomy, it becomes nullified if it's yours! If she has kids under 18 guess what, if you split, you pay child support!
When we did our wills, the lawyer said if one of us dies, see a lawyer before cohabitating / getting married to ensure the estate is protected for our kids. Taht implies a pre-nup.
Talk about it during the dating stage.
Further, there are many different reasons to have a prenuptial or postnuptial agreement. As AdrenalinJunkie mentioned one of them is avoiding entirely unintended consequences for children when one marries again.
Have it professionally drafted, remember unconscionable agreements will not be enforced. And further keep in mind that what is quite reasonable after a two year marriage without children, may well be unconscionable after thirty years of marriage and three children.
Here's an easy way to get her to sign it.
"I just don't trust judges. I don't want some old guy coming in, saying who gets want without knowing us..."
I'm sure you get the gist. I'm not a lawyer but I highly recommend you make sure she has her own counsel when reviewing the pre-nup. You want to take extra precautions to ensure the pre-nup will not be thrown out.
Another great step is to videotape the proceedings and get a retired judge to witness and mediate the whole thing.
a pre nup is like wearing seat belts. u hope u never need to use them but its there to save you. An insurance policy. my pre nup took over a year to do.
when and if you split up you have to figure that somebody lost respect , no love etc.. why would you want somebody to get half of what you worked for?
also what if she re marries and divorces? some guy gets ur money?
play shotgun, throw it back on them.
if kids gets involved in your relationship and she stays home raises the kids then peg a value for each year she stays home. BTW a pre nup has to fair at the begginning. if it seems to be unfair or one sided a judge can throw out and dismiss it.
when and if you split up you have to figure that somebody lost respect , no love etc.. why would you want somebody to get half of what you worked for?
also what if she re marries and divorces? some guy gets ur money?
play shotgun, throw it back on them.
if kids gets involved in your relationship and she stays home raises the kids then peg a value for each year she stays home. BTW a pre nup has to fair at the begginning. if it seems to be unfair or one sided a judge can throw out and dismiss it.
It is wrong to suggest that if you divorce without a pre-nup your spouse will get half of your assets. In fact in Ontario we do not have community property like some jurisdictions. We have the concept of equalization. That means that you look at what each spouse brings into the marriage and the relative growth in the value of each of the estates and then you equalize so that the spouses share in the growth in the value of both estates during the course of the marriage. Having said this pre-nups are very important and should always be considered particularly where one spouse had considerably more than the other going in.
IF I were to get married a second time (I'm still happy enough in my current marriage), or IF I could go back and redo my current marriage - damn straight there'd be a prenup.
In my case, it would have been financially more to my wife's benefit as she had the larger net worth and income, so this isn't my opinion because I think I'm getting the raw end of the deal.
In my case, it would have been financially more to my wife's benefit as she had the larger net worth and income, so this isn't my opinion because I think I'm getting the raw end of the deal.
A legally drawn Agreement which is made with full financial disclosure by both sides is enforceable and generally speaking will be enforced. Like any other contract there are exceptions but the agreement is enforceable. Speak to a specialist in family law.
You know, now a days it's a two way street. She has the money and the guy has nothing, or somewhat less off than her stash. For a man, I'm sure he'll sign away and it will last forever. But on the otherside, if the woman has nothing, she should sign it too. But I always recommend that what the two of you make TOGETHER, after the signing of the agreement should go 50-50 at that point.
I see two (2) people apart, many times, only to become billionaires if they worked together, simply by working as a team. When a team makes that much, 50-50 is cake AFTER the agreement is signed. But, alas, so many people are just hanging with stupid people, keeping the true team apart.
Gyaos Baltar.
This would not help if you were the source of the money for the mortgage as it would be an asset of yours. also the Court will set aside a transaction which is intended to deplete your estate.
when u get married and you a contract - agreement you have to list all your assets and debts.
If the mortgage was held by a bank and you have been paying the mortgage that is a debt.
the asset would be equity in the home.
at the time of separation that would be a debt still owed - figuring there would still be a mortgage.
that money would go against any growth in assets.
you also peg a value on your business , disclose any bank accounts , RRSP's cash etc...
