What does/can a prenuptial protect you from?

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The road

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This topic contains 13 replies, has 12 voices, and was last updated by Wolf  Wolf 4 years ago.

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  • #175833
    +3
    The road
    the road
    Participant
    3125

    In one of my recent replies to another thread, I stated how I had started to look into how I could protect my assets from my ex girlfriend in the event that we ever got married (and ultimately divorced). I was still blue pill at that point but the fact that I was starting to look into how I could hide or block her from stealing from me should have been a big ass hint that I should have walked out the door already.

    I never researched it thoroughly because the relationship fell apart but, out of curiosity, I was wondering if any brothers here know. From what I’ve read it varies a bit from state to state (or country). If a man was to have the bitch sign a pre nup would he really be protected from her extracting his wealth?

    EDIT: Also, what can be stated in a pre nup? Can it protect against allimony and protect pre relationship assets? From what I understand, it will never protect against child support.

    #MANOUT

    #175838
    +4
    FuckMe
    FuckMe
    Spectator
    215

    Good evening Road…ummm, the last time I checked all of the people in Hiroshima who put a news paper over their heads to protect themselves when the bomb dropped were BLOWN TO PIECES. From what I gather prenups are a lot like marriage, you think your going to get f~~~ed every night then you get f~~~ed for the rest of your life. Most states protect against pre relations~~~ assets, it’s part of common law I think, unless they are heavily co mingled. Right, society will raise the child if the man doesn’t by taking his money. The best prenup is a big wad of toilet paper, just wipe it off her back and be done with it…have a great evening!!!

    Bubba Z

    You think Chernobyl was bad? Wait until the ink drys on that marriage contract you just signed...we know, you just wanted sex and fun...you could have gotten that for $100.00 a couple times a month instead of DESTROYING your life!!!

    #175874
    +2
    Atton
    Atton
    Participant

    It may stop the division of assets and alimony however they are often thrown out.

    A MGTOW is a man who is not a woman's bitch!

    #175880
    +3
    ILiveAgain
    ILiveAgain
    Participant

    NOTHING

    #175901
    +2
    Stargazer
    Stargazer
    Participant
    12505

    I’ve never been married so I can’t speak from personal experience (thank goodness!) but from what I’ve heard, a sufficiently motivated female can have a prenuptial agreement dismissed.

    But prenups are good for one thing (well, one thing aside from wiping your ass) which is that if you think you may need one, you know to not get married. So, good on you for figuring that one out before it was too late.

    #175913
    +3
    Truthseeker82
    Truthseeker82
    Participant
    6406

    I have already consulted an attorney on this. In my state, both parties to the agreement must be represented by counsel for the agreement to be binding. The language must not be “unconscionable” – I am sure that is up to the interpretation of the court. It also cannot speak to child support or other child related issues. So to me, from what I gather, it can protect you against liabilities like joint debt, some assets, possibly alimony (although my attorney indicated that any alimony agreed to in a pre or post nup can be contested by either spouse – although they would have a hard time invalidating what they agreed to). If you have a lot to loose financially it may be of some help. However, as the old saying goes, an ounce of prevention is worth of pound of cure. In this case the prevention being never to have married in the first place.

    #175930
    +2

    Don’t risk it. What does/can kevlar body armor protect you from?

    Best solution is to never get in a situation where you need to where body armor. Don’t do stupid s~~~ like going around asking for trouble, looking for an excuse to use it. Avoid the situation.

    Prenups can be cut, or not enforced, and even if you do your research now, who knows, 10 years down the line the laws might change and then you’re screwed. The system has gotten rich off ruining men’s lives. Judges get a cut, lawyers get a cut. The whole system is so invested in everyone getting a cut but you that it’s not worth it. Don’t get married! If you’re a MGTOW I can’t think of any reason you’d want to.

    Feminism is a movement where opinions are presented as facts and emotions are presented as evidence.

    #175943
    +4

    Anonymous
    0

    Hey Road,
    A better idea than a prenup might be to contribute the money you would spend on that (lawyers and such) and start building a Breakup War Chest. That is a SECRET bank account that you steadily build up during the course of your relationship. And don’t ever let her find out about it. I have always preferred gold. That is what saved me from my first wife.
    Marriage today has nothing offer a man.

    #175952
    +3

    Anonymous
    42

    EVERYTHING is subject to the injustice system and whatever team of lawyers play pattyf~~~ with the law, and get whatever reprobate minded judge to agree.
    Do you trust the law?
    Do you trust the judge?
    Do you trust a woman?
    If so, don’t worry, the blast will blow you to pieces, you won’t feel a thing!

    #175992
    +3
    K
    Hitman
    Participant

    The men above said it. .it will protect you from nothing. .avoid any confusion. .never get married. .

    #175993
    +3
    ILiveAgain
    ILiveAgain
    Participant

    Or …

    Buy a house and immediately give it to someone you hate ?

    You can hate me for a bit …. please.

    #176171
    +1
    Blue Skies
    Blue Skies
    Participant
    15665

    just never get married

    MGTOW is not a movement, it is a way of life.

    #176172
    +1
    The road
    the road
    Participant
    3125

    Thanks for the input. I’m not getting married. It was just a question- something that I was curious about.

    At one point I seriously thought that I was going to marry my ex. We were friends from a long time back who had reconnected. She had a son the same age as my son and they both really liked each other. We all liked each other. I wondered how lucky I was to have stumbled upon this situation and it was really fun and good for a while. Well… that didn’t last between her and I. I feel stupid now for thinking that I was going to be able to give my son a traditional “nuclear” family. I am going through a lot of discovery and realizing that I won’t be able to give my son a traditional family. It’s uncharted ground for me as I came from a traditional “nuclear” family. It definitely wasn’t a perfect family but traditional all the same. I am a strong willed person so I am handling it well but all of the things that I believe that I should be doing with my son are just not possible. Family outings, family activities, etc.

    Anyway, I am not searching for a way to get married. Far from it. I have worked so hard to get my son and I to where we currently are and I’ll be f~~~ing damned if I allow someone to steal from my son. It’s our money and our lives, not someone else’s.

    #MANOUT

    #176270
    Wolf
    Wolf
    Participant
    890

    I know you already stated that you don’t intend to marry, but I will reiterate anyway: the best protection is to not get married.

    I’m in Canada, and I have read many case laws in regard to prenups. Here are a few observations:

    1. Both parties need independent legal advice prior to signing it. This ensures that you know what you are signing. If you enter a prenup agreement and she didn’t get inpendent legal advice, it will most likely be deemed void by the court.

    2. Don’t spring a prenup on her at the last minute. If you do, and later divorce, she can claim she signed it in duress. If the court buys her argument, the prenup will be thrown out. It’s best to discuss prenups well in advance. Even record the conversation so later disputes about what was said can be debunked.

    3. You can also do a co-habitation agreement, which is like a prenup, but used for people who are not marrying – just moving in together. You can put a clause in there that it turns into a prenup that has full force and effect in the event of a marriage. Having such a document from the get-go (day you started living together) significantly minimizes that chance of a duress claim on her part later on down the road.

    4. Wording is critical. It must say that nothing changes in the agreement without written agreement from both parties. Verbal comversations don’t change the agreement. A co-habitation agreement must clearly state that it turns into a prenup after marriage and is still in effect. You should also have a clause which states that if the court deems one aspect of the agreement void, the rest of the document is still in effect.

    5. Prenups and co-habitation agreements can not address child support. Child support is the right of the child, which can not be negotiated by the parents.

    6. They can have a “no alimony” clause, but it likely won’t hold up in court if challenged. Courts consider alimony as a need at the time of divorce, and they deem “no alimony” or specified alimony in advance as unconscionable. Therefore, prenups or co-habitation agreements won’t protect you from alimony. The best protection against alimony – other than not living with a chick – is to be with a chick who makes similar income to you. If there is no income gap, there shouldn’t be alimony.

    7. Pensions may not be fair game in prenups or co-habitation agreements. If you work with the government and have a pension with them, the pension is governed through government legislation. In Canada, this legislation addresses dividing a pension during a divorce, but no mention of protection from a prenup. Therefore, a judge may not recognize a pension protection in a prenup.

    8. Where I live, a prenup or co-habitation agreement is mainly about property. The legislation in my jurisdiction – the Matrimonial Property Act – is what divides property from a marriage. This legislation specifically mentions prenup protection, which can void all or part of the legislation. Therefore, the courts will likely honor it, but you need to be careful…

    9. The careful part is actually living the way the prenup said you would. Prenups are based on the principle that you live financially independent of one another, which is the opposite of marriage laws. If you intend on having a provider-,dependent marriage, then a prenup is pointless (there are a few exceptions). You actually need to be financially independent from one another.

    You can’t sign a prenup stating that you will be financially independent from one another, she then becomes a stay at home wife, you later divorce, and expect the court to honor the prenup. The courts don’t operate that way. They will protect the stay at home wife who supposedly sacrificed for you and the family.

    She has to have a job. She has to have her own bills and pay on them herself. You need to mingle finances as little as possible. Anything you jointly own has to be paid for equally, or an unequal amount that has a written agreement about percentage of ownership. And the percentage of ownership should be in line with what each party paid.

    The prenup needs to state that contribution to property is financial only – not house work, etc. Further to that, split all chores so she can’t later claim that she did everything around the house which gives her a higher percentage of ownership than she actually paid.

    Ultimately, the marriage laws are designed for the traditional marriage. You enter into a prenup because you’re not going to live a traditional marriage, and your intent is reflected in a prenup, as well as your actions. Your actions throughout the marriage are just as important, if not more so, than the words in the prenup.

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