Poll: Prenup?

[Haven]

Prenup is appropriate for some couples but not others, just like love is the foundation for some marriages but definitely not for all marriages. Many marry for love, but some marry for financial security, social pressure, desire to "fit in", or whatever the reasons there are!

If both you and your future spouse accept the idea of prenup as a necessity to a more secure future, all the more power to you both. What is bad is when one person insists on it when the other have reservation and feelings of resentment towards it. It is a deeply personal "couple's" decision and should be made with a lot of thoughtfulness and hopefully very little selfish motivations.

I like this response.

A pre-nup wasn't for us, so we didn't have one, but I respect couples who choose to use them.

DH and I have always viewed everything as ours, and I can't imagine either one of us wanting a pre-nup. Had he requested I sign one, I can't really say how I would have felt. It would have been so contrary to the way we handled things during the four years we dated seriously before marriage, that it would have been a surprising desire on his part. That's not to say I would have been offended, just very surprised. And vice versa, I'm sure.

That being said, I've seen some nasty divorces where a pre-nup would have saved both parties a lot of grief.

 

[DivaDiamond007]

I didn't vote in the poll because it doesn't apply to me - I live in Ohio, which is a non-community property state and therefore prenups are not valid or enforceable.

Actually, prenups are valid and enforceable in non community property states, including Ohio. See e.g., http://www.familylawsoftware.com/splitgen/sp/oh/prenuptialagreementenforceable.htm and http://www.ohioprenuptial.com/Welcome.html

I would go as far as to argue that prenups are more important in separate property states due to the uncertainty in how assets are divided.

I will have to respectfully disagree with you on this one. I wouldn't trust two case citations off the internet and a website that looks like it inserted "Ohio" in the appropriate places. In the 18 years that my boss has been practicing in Ohio he has never prepared a prenup. In fact, over the years he's turned down quite a few requests for a prenup because of the fact that they are not enforceable. A lesser experienced, money hungry attorney may have different motives, however.

Arguably, if a prenup was entered into and the marriage was short-lived it could be enforceable because it is likely that the division of property would be substantially similar the the language contained in the prenup, however, as I stated before, we do not prepare them in our office.

Generally, when parties are divorcing in Ohio the marital property is NOT divided in a 50/50 fashion. The court will divvy up the marital property however the parties wish so long as it is agreed to. If the parties can not come to an agreement then the court has discretion as to how the marital property is divided. Same theory with child custody, child support and spousal support (aka alimony).

Antenuptial agreements, however, are valid and enforceable in Ohio and we've done a few of those.

 

[Lady_Disdain]

Antenuptial agreements, however, are valid and enforceable in Ohio and we've done a few of those.

Forgive my ignorance, but what is the difference between an antenupcial agreement and a prenup?

 

[panda08]

Antenuptial agreements, however, are valid and enforceable in Ohio and we've done a few of those.

Forgive my ignorance, but what is the difference between an antenupcial agreement and a prenup?

An antenuptial agreement is one that is entered into after the marriage.

 

[Lady_Disdain]

Interesting - what is the legal reasoning on why an antenupcial is legal and a prenup isn't? I find legal reasoning so interesting - sometimes, it is surprinsing but usually makes a lot of sense in a non-engineering way (if you know what I mean).

 

[DivaDiamond007]

Interesting - what is the legal reasoning on why an antenupcial is legal and a prenup isn't? I find legal reasoning so interesting - sometimes, it is surprinsing but usually makes a lot of sense in a non-engineering way (if you know what I mean).

That is a good question, and to be honest, I don't know! I will ask my boss this week. We do not do many antenuptial agreements because most of our clients don't have any real assets so the division of property is usually more or less deciding who gets what debt and establishing child custody/support.

 

[boredstiff]

That is a good question, and to be honest, I don't know! I will ask my boss this week.

You're probably right, but I'd also be interested in hearing what he has to say. Granted, I know almost nothing about Ohio, but I didn't see anything online to suggest prenups were not enforceable there...