In the past I've heard the argument (mostly from females) that say: "If he loves me, Then he won't expect me sign a prenup -- because I would never cheat on him". But couldn't that also apply in the opposite? In other words, "If you love me, You will reassure me that you'll never cheat on me by agreeing to a prenup". The latter is just as valid as the former and has the added value of at least allowing the victim of a marital affair to exit the relationship and minimize their financial fallout. Had the marriage been a faithful one, Then the they could have had a traditional divorce and a fair distribution of assets based on their time together. Once the marital agreement is breached then all efforts should be made to reverse the relationship back to its state of origin the day before they both said "I do".
Why should someone receive anything they did not work for. Anything bought or made by both partners should be sold and split 50/50 if they cannot decide who should keep it. Anything bought or made individually before,during and after marriage should stay 100% with that individual. Both partners should also keep separate bank accounts and retain all of that money.
This tradition is followed from an historic time where the groom and bride comes into certain agreement before entering into marriage. The marriage becomes effective once signing is done and other procedures are carried accordingly. The definition of prenuptial agreement is as follows "a written contract between two people who are about to marry, setting out the terms of possession of assets, treatment of future earnings, control of the property of each, and potential division if the marriage is later dissolved. These agreements are fairly common if either or both parties have substantial assets, children from a prior marriage, potential inheritances, high incomes, or have been "taken" by a prior spouse". So the definition is self explanatory and we can see why it should be mandatory.
A prenup (also known as a prenuptial, premarital, or antenuptial agreement) is an agreement between two people who are planning to marry. When most of us hear the word “prenup,” we envision a well-to-do man presenting his less wealthy and far younger fiancé with a document that states she will receive little or nothing in the event the couple divorces. This may have been the norm sometime in the past, but it is not the norm today.
More and more women are marrying later in life, or marrying a second time. And an increasing number of women, after an unhappy marriage or difficult divorce, are deciding to cohabitate in their next relationship and not marry at all. Many women earn a substantial income and have amassed assets of considerable value. For these women, entering marriage with a properly planned and executed premarital agreement is not only a smart business decision, but a smart relationship decision, as well.
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From a U.S. context, and regardless of what you feel the chances are with whomever your seeing, the reality is you have a 50/50 chance of staying together to meet that most romantic endeavor: "forever". That's a 50/50 chance of taking a very serious financial and stressing inducing hit just because you said "I do". Americans are blend a romantic idea with a very institutionalized system...A very greedy system.
Straight to the supporting points:
-Someone wanting to marry you is confounded with "wanting to be with you" and "wanting what you have"...A prenup greatly reduces this
-When the marriage ends, all aspects/benefits end...Except for the money/assets (why does continue???)
-If you ask for a prenup, then you're saying you don't trust me and we'll end up divorced. Absolutely atrocious logic...If anything, agreeing to a prenup shows more trust...Shows you want the person, not the "stuff"; and no one ever anticipates a divorce, but like it or not...50/50 chance
-"Well I missed or forgone opportunities because I married you" Again, absolute BS logic, and should be a telling gold-digger sign. Marriage is a mutual agreement; you are "choosing" to alter your life to be with the other person, as they do. The other cannot coerce you; they may beg, and claim they'll take care you...But still your decision, and you're accepting the risk.
-Everything is always "fine" at first, and when the evitable split happens...It usually doesn't go well and everyone is angry. It appears very rare for someone to walk away without attempting to take the other to the "cleaners." Oh, and even if you do find someone who will respect what's yours, they may have bitter family, and supporting lawyers influencing an entitlement mentality; "Hey, you know you could get/take X amount if you wanted".
-All that YOU WORKED FOR can be taken. It [can] inflict huge financial detriment and completely alter your standard of living. Because you said you'll share for marriage, yet it cost you your blood, sweet, time, etc. to earn, it can be taken??? Hmm...Regardless of when you worked and earned payment, and now a good portion is taken...Meaning, in reality, you worked for less (across the spectrum) or you worked for a good period and not paid for it. What's it called when you work and get no pay? Slavery perhaps? (Depends on how you want to look at it)
Just because a handful of women marry men for their money, doesn't mean all women do that. And the same thing goes for men too. Categorizing the as the same isn't fair and not right. Prenuptial agreements shouldn't be forced. It should be a decision that between the wife and husband. To me its a commitment that they both make that says they're in the relationship not for the money but each other.
I think that in this point in our culture, prenuptial agreements are becoming more common. However, they are still viewed somewhat negatively as primarily for marriages where at least one spouse is wealthy or that they believe the marriage will end in divorce. However, divorces can be very messy and emotional when determining how to divide up assets. A prenuptial agreement that is put in place that has the interests of both parties in mind could result in a smoother divorce. However, a prenuptial agreement that states that one person retains all their assets while the other gets nothing could also prevent a couple from getting divorced even in cases of abusive relationships.
The agreement may require you to give up your right to inherit from your spouse's estate when he or she dies. Under the law, you are entitled to a portion of the estate even if your spouse does not include such a provision in his or her will. If you contribute to the continuing success and growth of your spouse's business or professional practice by entertaining clients or taking care of the home, you may not be entitled to claim a share of the increase in value if you agree otherwise in a premarital agreement. Under the laws of many states, this increase in value would be considered divisible marital property. Starting a relationship with a contract that sets forth the particulars of what will happen upon death or divorce can engender a sense of lack of trust. It can be difficult to project into the future about how potential issues should be handled, and what may seem like an inconsequential compromise in the romantic premarital period may seem more monumental and burdensome later on. A low- or non-wage-earning spouse may not be able to sustain the lifestyle to which he or she has become accustomed during the marriage if the agreement substantially limits the amount of spousal support to which that spouse is entitled. In the "honeymoon" stage of a relationship, one spouse may agree to terms that are not in his or her best interests because he or she is "too in love" to be concerned about the financial aspects and can't imagine the union coming to an untimely end.
- See more at: http://family.findlaw.com/marriage/pros-and-cons-premarital-agreements-prenuptials.html#sthash.T9E6LBka.dpuf