“However, this is what my fiance tells me, all earnings ,salaries, bonuses,pensions, stock or stock bonuses of eiter of us should remain the sole and separate property of the acquiring party. Obviously, this means that all accumulation or purchases made during the marriage will be seen as separate property.
Regarding debt he says, that nothing changes obviously, you’ve been paying your debt on your own and that will continue after marriage as well but we will be separately liable for our debt , if any is incurred after marriage.
He also mentioned that should any of us die neither spouse neither party can make claim to others rental or personal property.”
OHHHH-kay, WHOA, well this is what I get for posting before I’ve had time to read through the many pages of comments that have happened since the last time I was able to visit the thread. Wish these forums had a “View OP’s posts only” option.
I could be dreaming but I thought your first update said your Fiance wanted the prenup to provide that you’ll still be “taken care of” if the marriage were to dissolve or something were to happen to him. How does that jibe with the “ALL earnings are separate” and “cannot make claim on other party’s PERSONAL property” he is now proposing? Because that sounds like he’s saying the prenup is to make sure you’re able to take care of yourself on your own…? How would a pre-nup, in the form that he is suggesting, make you more able to do it…?
I’m no transactions lawyer but I don’t even know what the heck “but we will be separately liable for our debt , if any is incurred after marriage” means. If you buy a homestead property together, how can you be separately liable for that debt…?
Please get a full draft of this document in front of you today and then turn around and go to a lawyer. I think it’s worth $100 – $200 to pay for a lawyer’s time to talk over this even if you end up having to shell it out yourself. I think if this is what the document actually looks like, any lawyer you get would be violating her fiduciary duty to you if she recommended you sign it as-is.
Your Fiance sounds selfish and not very smart. This is not how you get what you want. Yes there is such a thing as “shooting for the moon” on the opening salvo and “you don’t ask you don’t get”, but there is also such a thing as negotiating in good faith. Meaning you make your demands and counters in such a way that makes it clear that common ground is within reach. Starting off at an extreme doesn’t do that. This is a marriage he is contemplating so he should not be approaching it as regular adversarial business dealings with a complete stranger. The way he’s doing it, even if you guys DO reach common ground, it’s still likely to leave a bitter taste in the mouths of all involved.
Wow, just wow. I believe that pre-nups are not planning for divorce, but when you do it in an adversarial way like your Fiance is, then you ARE getting into that category… I’m sorry bee. If I were you I would start contemplating my options are (i.e. leave his selfish ass) should you guys reach an impasse over what the terms of the pre-nup should be.