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Old 01-25-2013, 11:09 AM
 
599 posts, read 950,236 times
Reputation: 585

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Please weigh in on whether you would sign this pre-nup:


1) In a split, there can be no fault assigned to either spouse whatsoever.

2) Regardless of what we each bring to the marriage or what we each contribute to the marriage, any split of property at the end of the marriage will be done by a disinterested third party mediator.

3) Whomever is making the most money at the time of a split agrees to pay 20-40% of their future income to the other spouse for 65% of the length of the marriage.

4) If you end up paying under rule 3), you will also carry a life insurance policy on yourself, payable to the other spouse.

5) All retirement assets are split evenly at the time of divorce, but splitting retirement assets doesn't mean you don't have to support the other spouse after retirement.

6) All other assets are negotiated.

7) You agree to pay 100% of your spouse's legal bill for the divorce, if necessary.

8) The spouse receiving after marriage payments has no obligations to fulfill whatsoever to continue receiving the payments. They can live with whomever they want, in whatever kind of relationship they want, with no fear of losing the payments.


9) Penalty for not living up to the agreement is jail.



Would *you* sign this?
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Old 01-25-2013, 11:12 AM
 
Location: apparently NeverLand
218 posts, read 481,322 times
Reputation: 319
After reading rule 9..let me think...NO!!
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Old 01-25-2013, 11:15 AM
 
Location: Brentwood, Tennessee
49,932 posts, read 59,572,875 times
Reputation: 98359
Hells no.

It makes TERRIBLE financial sense, and some of the rules, such as #1 and #7, contradict each other.

#6 makes everything moot. "All other assets to be negotiated?"

Just vague enough to cause trouble.
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Old 01-25-2013, 11:18 AM
 
11,865 posts, read 16,945,086 times
Reputation: 20083
Nope.
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Old 01-25-2013, 11:18 AM
 
3,703 posts, read 3,767,471 times
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I would consult a lawyer for legal advice not the CD-R forums. Just my opinion....
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Old 01-25-2013, 11:21 AM
 
2,758 posts, read 4,941,172 times
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I am curious where these points came from. Is this standard pre-nup language?

I would not sign it, even before I read # 9
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Old 01-25-2013, 11:36 AM
 
Location: Huntersville/Charlotte, NC and Washington, DC
26,678 posts, read 41,525,502 times
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Quote:
Originally Posted by AverageGuy2006 View Post
I am curious where these points came from. Is this standard pre-nup language?

I would not sign it, even before I read # 9
My question is could this be enforceable, especially number 9? I'm not Johnnie Cochran but I'd think a pre-nup would be a civil matter not a criminal matter.
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Old 01-25-2013, 12:08 PM
 
Location: southwestern PA
22,255 posts, read 47,182,535 times
Reputation: 47168
Whoever thought that up is nuts.
Seriously.
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Old 01-25-2013, 01:19 PM
 
599 posts, read 950,236 times
Reputation: 585
OK, now I want to make my point.

Every single person who gets married has a pre-nup. Either you negotiate one with your spouse OR you allow the state where you live to give you a pre-nup. It you split from a marriage, it is the state where the divorce is filed that decides the terms, unless you have an enforceable pre-nup. The state can change the terms of your split at any time by changing the divorce laws, unless you have drawn up a pre-nup ahead of time. A state can even modify the terms of your divorce AFTER the divorce is final in most cases. This actually happened recently in Massachusetts.

The "pre-nup" I listed are the terms of divorce in Colorado. I think it is telling that not a SINGLE person said they would sign such a pre-nup, and yet MILLIONS of marriages here are bound by the pre-nup Colorado has provided. It is crazy, and about to become even crazier, because the terms I listed are about to be made even worse by HB 13-1058, which is being debated in the Colorado House right now.

So, heed these warnings:

- DO NOT move to Colorado if you are married or intend to be married. If you do move here, you must execute a NEW pre-nup after arriving, because Colorado almost always throws out pre-nups executed before the couple moved to Colorado. Why? Because they feel it is unfair to bind someone to an agreement made before they realized how much alimony they could get here! If you are already married, you are going to need a post-nup or just hope and pray your spouse never decides to divorce you. All divorce here is no fault, so if they want to be divorced and take your money, there is nothing stopping them even if they cheated on you. This is true even if they have already moved in with someone else before even filing for divorce!

- DO NOT live together here without a pre-nup. Colorado has the most lenient common law marriage statutes on the planet, and if your live-in boyfriend or girlfriend decides they want alimony from you, it is very easy to have your relationship declared a marriage.

- DO NOT allow your spouse to move to Colorado without you if you suspect they might be thinking about a divorce. If your spouse moves to Colorado for only 90 days, they can then file for divorce under Colorado laws, and you will be bound by the laws of Colorado even if you have never set foot here.


So, in the end, avoid Colorado like the plague.
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Old 01-31-2013, 09:02 AM
 
Location: South Carolina
14,785 posts, read 23,956,596 times
Reputation: 27090
Okay now let me give you my take on this . Pre nups are ridiculous and if they dont trust you before getting married then really waht is the point of getting married in the first place ? I just heard a spot on the radio over this guy and girl who got married and 9 months into the marriage he cheated and they are still together , which for me is a deal breaker . This girl dont give second chances to break her heart . So I just basically hate pre nups to begin with because they give too many insecure people an easy way out end of story .
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