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Old 09-15-2014, 07:59 PM
 
6,732 posts, read 10,013,196 times
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Imagine this:

You and your partner are in love and plan to get married.

You have approximately equal, and substantial, assets.

You have approximately equal incomes and future earnings expectations.

Neither of you want to have kids. (You are both past that stage of life.) Your partner might have grown children -- if so, they are successful in their careers and don't need help.

You both expect to inherit significant amounts in 10-30 years.

You both want an agreement that is fair to everyone. Neither of you is willing to do without a prenup, or to not get married.

So, what should the agreement say?
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Old 09-15-2014, 08:00 PM
 
Location: Ohio
5,624 posts, read 6,862,245 times
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I would consult a lawyer but i assume it would say what you came into the relationship with is yours and you can get it when you leave.
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Old 09-15-2014, 08:11 PM
 
Location: SF Bay Area
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In CA, the assets you had prior to marriage is separate property. An inheritance is also separate property.
So the only thing to "negotiate" are debts, assets, and earnings accumulated after marriage which is treated as community property (50-50) anyways.
I suppose the fair thing to do is to keep post-marital things separate.
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Old 09-15-2014, 08:13 PM
 
Location: moved
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Absolutely crucial is what happens to capital-gains on investments that the two respective future partners have. Namely, in some states (obviously check with a local attorney!) the gains on pre-marital assets are considered to be marital. So assets could be equal at the moment of marriage, but invested differently, and consequently be worth very different amounts in 10 or 20 years.

If possible - and again this depends on state laws, and lawyers' skill - try to phrase the pre-nup to explicitly exclude any commingling of assets, liabilities, or incomes. As far as possible, avoid "two becoming one" financially.

Next would be consideration of what happens to defined-benefit pensions. In the case of divorce, one partner might be entitled to a portion of the other's pension, if/when the latter retires.

Then there are questions of what happens to mortgages, investment properties and rents, life insurance, and on and on.
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