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A simple yes or no and then an explanation would be nice.
Thanks
Yes. I'm going to assume from the sentence bolded that there is some age here and not 2, 21 year old's.
I am in a sort of similar situation. I'm a widow, high earner all my life with two kids. My late husband owned his own business which was sold for a nice sum when he passed. I'm just starting to date again but any serious relationship will know that 1) I'm not marrying again before age 60 due to social security rules on late husbands benefits and 2) no prenup, no marriage.
I think when you are young, marriage is all about love and sex. when you get older you recognize that marriage is about a whole lot more.
Location: Huntersville/Charlotte, NC and Washington, DC
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Yes, if I was in that position, I'd take any precaution to prevent someone who was not there with me during the time in my life I sweated to get those assets get half after being with me for only a few years.
Yes. Marriage is many things, a legal agreement being one of them. I can't imagine forming any other legal partnership without certain contingencies in place, so I'd certainly do the same for this one.
A simple yes or no and then an explanation would be nice.
Thanks
Yes, but there are alternatives.
First, state law is the default pre-nup; know beforehand the marriage and divorce laws for the state that you intend to live in.
Second, there are trusts that can be set up to protect assets from spouses. But here too, state law will govern the validity of a trust. For example, a trust may need to have been set up several years before entering into the state-law marriage contract for the trust to survive any "fraudulent transfer" challenges in court.
Third, there is the pre-nup that you refer to which, in effect, is a side-bar agreement to the state-law marriage contract. There too, state law will lay down guidelines for the integrity of a pre-nup agreement in court if challenged.
Fourth, there are also insurance contracts: you can set aside a portion of your cash assets into some kind of insurance product and designate beneficiaries of your choice (e.g. children from previous marriage or even yourself).
Fifth, even better, fund a trust and have the trust buy insurance contracts and other financial products with an owner-designated pay-on-death beneficiary.
But regardless of whether you already have a long-standing, appropriately drafted and funded trust, if the person refuses to sign a side-bar pre-nup agreement which would govern disposition of assets also in case of divorce, then do not get married.
Explanation: trust no one.
Good Luck!
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