(Closed) Is there a point in getting a prenup?

posted 6 years ago in Legal
Post # 3
8738 posts
Bumble Beekeeper
  • Wedding: September 2011

@caybaybay: I think you should check out the laws of the state you currently reside in, some of the protections you want may already be in place.

For example, what you bring to the marriage is considered “individual” property until you do something to make it marital property (i.e. put it in a joint account, put joint money into it, etc).

As for earnings, usually any earnings after marriage counts as joint property. I’m not sure how easy it is (or if it’s even possible) to keep it segregated if it is earned after you are married.

As for gifts/inheritance from family, usually (again depending on the state) it is only property of the individual it is gifted to until that individual does something to make it joint property.

Darling Husband and I looked in to getting a pre-nup, but most of the protections we wanted we were already afforded by state law and it was going to cost $10,000 – $15,000 to get a pre-nup drafted and done.

I don’t know how the debt part works but I’d think it runs along similar lines as the asset part.

ETA: I am not a lawyer, this was just my personal experience.

Post # 4
4755 posts
Honey bee
  • Wedding: May 2012

Yes, because it could determine who gets what in assests that you aquire throughout the years. I don’t *think* it only divides/ stipulates what you have before you get married it can a should determine how stuff is divided that you WILL aquire.

Post # 5
2214 posts
Buzzing bee

Family law varies state-to-state, but usually property owned before marriage (or assets/liabilities before marriage) don’t become marital property when you get married.  However, they can become marital property in a number of different ways.  For example, if he got an inheritance and put it into a joint account, then it becomes marital property.  If he puts it into his own account, then it’ll stay his.  You can absolutely include the things you are concerned about in a prenup if you decide to have one.

Post # 6
11 posts

That cost for a prenup sounds really high to me, I’d shop around for another lawyer if you really want one. I can’t tell you what to do, but I can tell you that when I was married the first time I wanted out of the marriage so bad that in my divorce decree I stated that I would take on all of the debt (which we incurred jointly, because when you are buying a new refridgerator- how do you really determine who benefits from that the most). The debt was only around $4,000, but it caused me a lot of credit issues that took 10 years for me to resolve and he got off scott free with no reprecussions.

I’m engaged now and I’ve been with my fiance for 11 years now and we are just now joining bank accounts/credit/debt, etc (I had a lot of trust issues where this was concerned as you can imagine). Anyway, he makes twice as much money as I do and it doesn’t matter, it all goes into a joint account and we pay our bills from it and if anything were to happen, I suppose we’d split things 50/50. I see no reason for a prenup in my case, or in most cases for that matter. You aren’t marrying royalty. I’m not trying to be mean, I’m just saying that I don’t think it is going to do what you think it will and might be a huge waste of money that can be solved in a different way.


Good luck though.


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