Post New Topic

prenup?

EsquireBride Posted:

prenup?

Is anyone else planning on getting a prenup? When do you plan on meeting with lawyers? any advice is appreciated.

Cacarina Posted:

Re: prenup?

we're not doing a prenup...neither one of us has anything right now, so we have nothing to protect.

Future Mrs Roo Posted:

Re: prenup?

Im not doing one but my friend has. They did about 2 months before the wedding. It was just basic stuff though, he bought the house before they were together so something about the equity in the home (he gets whatever he laid out), he has a very expensive guitar collection and things along that line. HTH

Kristina2009 Posted:

Re: prenup?


Posted by EsquireBride

Is anyone else planning on getting a prenup? When do you plan on meeting with lawyers? any advice is appreciated.



I am not getting a prenup but I would advise you to see an attorney as soon as possible if it is something you want. Have you discussed this with FH? A good friend of mine wanted a prenup and they waited until 2 months before rtheir wedding and those 2 months were incredibly stressful because of the prenup. Preups can be hard unless it is something both people believe in equally.
MrsZtoBe Posted:

Re: prenup?

We want to get one, but I am not sure what we are 'allowed' to put into it.

My friend who is a lawyer told me that anything you inherit is not considered marital property and would not be split if there was a divorce. Does anyone know if that is true?
EsquireBride Posted:

Re: prenup?


Posted by Kristina2009


Posted by EsquireBride

Is anyone else planning on getting a prenup? When do you plan on meeting with lawyers? any advice is appreciated.



I am not getting a prenup but I would advise you to see an attorney as soon as possible if it is something you want. Have you discussed this with FH? A good friend of mine wanted a prenup and they waited until 2 months before rtheir wedding and those 2 months were incredibly stressful because of the prenup. Preups can be hard unless it is something both people believe in equally.



FH and I already discussed it and given educational degrees, his child from a prior marriage and earning potential, we are going to do it.
EsquireBride Posted:

Re: prenup?


Posted by MrsZtoBe

We want to get one, but I am not sure what we are 'allowed' to put into it.

My friend who is a lawyer told me that anything you inherit is not considered marital property and would not be split if there was a divorce. Does anyone know if that is true?



I think it may be true but I am not 100% -- my friend got divorced and if he gets any inheritance, it doesn't get factored into his income and his payments to his ex don't go up as a result. But since this is not my field of law, I don't want to say I am certain.
Kristina2009 Posted:

Re: prenup?


Posted by EsquireBride


Posted by MrsZtoBe

We want to get one, but I am not sure what we are 'allowed' to put into it.

My friend who is a lawyer told me that anything you inherit is not considered marital property and would not be split if there was a divorce. Does anyone know if that is true?



I think it may be true but I am not 100% -- my friend got divorced and if he gets any inheritance, it doesn't get factored into his income and his payments to his ex don't go up as a result. But since this is not my field of law, I don't want to say I am certain.



Not my field of law either but I am 99% sure it is true from my memory of Family Law taken some 6 years ago.
mcclj74 Posted:

Re: prenup?


Posted by EsquireBride


Posted by MrsZtoBe

We want to get one, but I am not sure what we are 'allowed' to put into it.

My friend who is a lawyer told me that anything you inherit is not considered marital property and would not be split if there was a divorce. Does anyone know if that is true?



I think it may be true but I am not 100% -- my friend got divorced and if he gets any inheritance, it doesn't get factored into his income and his payments to his ex don't go up as a result. But since this is not my field of law, I don't want to say I am certain.



it would depend on the state.

NY - i am pretty sure this is true (but dont quote me on it) - any inheritance solely in the name of one spouse, even if inherited during marriage - is not part of the marital estate for equitable distribution purposes...
VickiR510 Posted:

Re: prenup?

I think Lanamanitta is in this field of law. You should FM her.

Personally we are not doing a Pre-nup. We discussed it & we are both not opposed to the idea since we both have alot to lose. We just decided we would rather not.
jlovesa Posted:

Re: prenup?

I am a matrimonial attorney. In answer to your question re: the inheritance, inheritance is separate property unless you commingle the funds (or property). Property purchased prior to marriage is also separate property unless commingled. Things that lead to the transmutation of property or inheritance from separate to marital include transferring the property into both names, making major improvements on the property using marital funds, using inheritance money to pay for marital bills, etc. Basically anything that indicates an intent to share can make separate property become marital. It's way more complicated than this, but that's the short answer.

cedesnyc Posted:

Re: prenup?

We are doing one and we are going to get things started in Jan.

Celeste617 Posted:

Re: prenup?


Posted by Cacarina

we're not doing a prenup...neither one of us has anything right now, so we have nothing to protect.



We are soooo with you guys!
kogan09 Posted:

Re: prenup?

We are both in law school so all we have are loans at this point thus no need for one as far as we can tell. Also, in NY, any inheritance will be the property of that spouse and will not be split at divorce.

CDFT09 Posted:

Re: prenup?

No prenup for us....we don't plan on getting divorced!

flairforfashion Posted:

Re: prenup?

No prenup for us either. We also don't plan on getting divorced.

MaureenM618 Posted:

Re: prenup?


Posted by Cacarina

we're not doing a prenup...neither one of us has anything right now, so we have nothing to protect.



Same here!
MakingofaMulligan Posted:

Re: prenup?


Posted by flairforfashion

No prenup for us either. We also don't plan on getting divorced.



Same here.
Anthonysgirl Posted:

Re: prenup?


Posted by flairforfashion

No prenup for us either. We also don't plan on getting divorced.



same here
alli3131 Posted:

Re: prenup?

basically anything you go into the marriage with is yours at the end. Real Property gets a little complicated becasue if the spouse puts money into it then they get that part back. As far as any inheritance it is not considered marital property and the other spouse has NO right to it. As far as educational degrees...if you obtain the degree prior to marriage then the other spouse cannot claim 'ohhh I supported them through school' The first day of law school one professor told us not to get married until we finished our degree otherwise the spouse would own our degree.

Reply to this topic

Log in to reply or quote a post.