Why you need a prenup even if you’re broke
A lot of brothas get into this mindset that because they’re broke that they don’t need a prenup prior to getting hitched. This article explains why nothing could be further from the truth. You need a prenup even if you’re broke.
Why get a prenup?
To not have to pay his loans
You’re in love. You’ll never get divorced and even if you do you ain’t got nothing so what’s the big deal? I’m sure that’s what you’re thinking. Well prenups are not just for rich people. I’m sure you know that any property acquired during the marriage is 50/50 community property. Did you also know that debt–including student loans– is also considered community property in many states? That means if you guys decide to split without a prenup you could be stuck paying for half his bills including his shopping sprees, cell phone bills, and maybe even student loans.
A prenup eliminates the opportunity for a peaceful divorce to turn into a bloodbath,” says Matthew Zubricki, a 28-year-old CPA based in Chicago, who is currently drawing up a prenup with his fiancé. “It seems insane that anyone would sign into a partnership where one partner could hypothetically leave at any time with the incentive of claiming half of the partnership’s joint assets. source
A prenup can prevent you from being in this situation.
To stop him from trashing you on facebook
You can put social media clauses that could prevent him from trashing you on social media outlets like facebook or twitter. These typically state that you and your ex can’t be sharing embarrassing photos or make disparaging remarks about each other on social media. Violating this clause could lead to a fine — it’s been reported it could cost someone $50,000 for a violation. This is especially useful if you have a brand or business interests to protect.
To stop him from misusing your money
A prenup can have a clause that the partner receiving alimony or spousal can’t use that money for alcohol or at the casino. More importantly you can stop him from using the money to say start a business that directly or indirectly competes with yours.
This is, of course, all in addition to making sure you don’t get stuck with expensive alimony (spousal support) payments, Without a prenup he could potentially divorce you and you still get stuck paying him every month.
Don’t get too crazy
One thing to keep in mind is that sometimes having too many frivolous lifestyle clauses can be cause for a judge to invalidate a prenup during divorce proceedings. Remember the prenup has to be at least somewhat fair in order to be enforced.
The prenup can’t be so one-sided as to be considered ‘unconscionable’. Donald Trump learned this the hard way when his prenup with wife #1, Ivana, was partially thrown out because the courts determined it was too one-sided.
California particularly has some particularly tough requirements to make sure a prenup is fair:
- Both parties must have complete information about the finances and property of the other partner
- Each partner must wait a minimum of 7 days after receiving the prenup before signing it (remember Barry Bonds’ prenup was thrown out because the wife said she didn’t have enough time to think it through?)
- Each partner must receive full disclosure of the terms, rights, and conditions of the prenup
- Each partner must either have independent legal counsel or waive the right to independent counsel before signing the agreement
Isn’t a prenup a plan to fail?
Many folks don’t want a prenup because they said its like putting a bad omen on the marriage. If that’s the case does getting a car insurance agreement mean you’re putting a bad omen on your car? Does getting a health insurance agreement mean you’re putting a bad omen on your body? No of course not! These agreements are simply meant to protect the things you care about the most in case something less than positive happens. Fortunately for us statistically speaking gay men are less likely to get divorced than our heterosexual counterparts. According to the Williams Institute (a same sex research think tank) the annual divorce rate in some states is between about half that of straight couples. Keep in mind though that gay marriage is new and as more and more gay couples tie the knot I suspect that rate will go up. That being said lesbian divorce rates are nearly double that of straight couples so if you’re a woman into women you really need a prenup!
What if I can’t afford a prenup?
The days when you needed some $500 an hour lawyer to get a prenup are long gone. Nowadays there are much cheaper options to get a prenup. Chances are good if you’re broke you don’t need a complex custom prenup. You can get Pre-Made Prenup Forms for under $40. If you don’t have $40 you shouldn’t be getting married in the first place. Therefore there’s simply not excuse not to get a prenup even if you’re broke!
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What if I’m already married?
Not to worry you can get a postnuptial agreement as well. Findlegalforms.com also has a pre-made post nuptial agreements specifically for same sex couples. These are good if there are significant financial changes like an inheritance or an adoption that occur post nuptials. Please keep in mind though not all states allow post-nuptial agreements. Just like prenups post-nuptial agreements have to follow similar guidelines:
- They must be in writing (oral promises of this kind are always unenforceable);
- They must be executed voluntarily;
- They must be done with full and/or fair disclosure at the time of execution;
- They must not be unconscionable; and
- They must be executed (signed) by both parties.
Marriage is serious!
I hope with this article that not only have I convinced you to get a prenup but that marriage is serious and not to be taken lightly. Marriage is supposed to be a scared bond between two people and God that you will do your best to be together for the rest of your lives. Please remember that prior to saying “I do”.
With that good luck and happy marriage!