This is one of the most difficult questions that I have ever been asked and it is not because I am not a lawyer, I'm not. It is difficult because my personal opinion on prenuptial agreements differs from the general requirements of a true love relationship. A prenuptial agreement or premarital agreement is a legal contract entered into prior to marriage or a civil union that typically outlines asset distribution in the event of divorce. Civilized governments from the time of the first priest kings have recognized certain rights and privileges associated with a state declared union including common property rights. In fact, the main reason for publically declaring the union through a marriage contract has historically been so that the state and everyone else can legally recognize and uphold these property rights.
A true love relationship requires only that both partners are honest, open and naked on any intellectual issue of opinion. So yes, you can have true love and a prenup. There may be a specific set of circumstances where a prenup might make sense. By way of for instance, a third-party controls the wealth in question and requires the agreement. If the partners discuss the prenuptial agreement upfront, all "lawyered-up" contents are disclosed and understood and both love partners recognize the agreement as equitable and beneficial there is no counter indication to a true love relationship. Unfortunately, my personal opinion is not as kind as true love when it comes to prenups.
At a time in the U.S. when many believe the divorce rate is nearing 50%, I can understand the pressure on an excessively wealthy individual to protect preexisting assets against the divorce trend. However, I also understand that a prenuptial agreement is simply a legal agreement declaring, "I'm not sure that you are the one." Maybe the real question should read, "Can I have my cake and eat it too". Perhaps the partner presenting the prenup for signature should take time away from their attorney and banker and spend it with their fiance until they are sure that they really want to get married. I have a new money-making proposition for the other partner's attorney. They could develop a rate card and historical compensation schedule for all the services rendered up to the point of marriage to be included as an amendment to the prenuptial agreement. It might look like this:
Service - Rate - Qty. - Compensation Due
Encouragement - 200 - 475 - $95,000
Compliments - 100 - 1,500 - $150,000
Nice to future in-laws - 500 - 110 - $55,000
Sex ? 1 ? of net worth
0 Comments:
Post a Comment