Wednesday, July 23, 2014

You probably don't need a prenup

The law firm I work for mostly handles divorce cases but we also do prenuptial agreements. We like to be a one stop shop (kidding, but not really because it has happened). What most people don't realize is that you probably don't need a prenup.

I can usually tell right off that bat if someone doesn't need a prenup.

"Yes hi, I need a prenup because I want to protect my pog collection after I get married."


No you do not need a prenup for you stupid collection or your stereo or your truck that is ten years old. Since I'm not an attorney I can't and don't tell them that they don't need a prenup, I pass the call along to one of the attorneys and let them tell them.

The other call we get is the person who did their prenup online and now want an attorney to look it over. This is like trying to give yourself stitches and then going to a doctor and asking them if you did a good job. No, that shit is going to get infected because you didn't know what you were doing! Do not use online legal software. Go to a professional to draft a prenup. Lawyers go to school for years to learn how to do it properly.

Then there's the person who complains about the cost. "Well I can't afford that." If you can't afford an attorney for a prenup you probably don't need a prenup.

This is not legal advice this is just common sense. Prenups are not for everyone or everyone would have them. Also no one is going to try to take your pog collection, the 90s are over!

*I'm kidding about the pog collection, that's just the first thing that popped into my head when thinking about collections. Don't ask.....

8 comments:

  1. I am big on the pre-nup, but you are correct if you can't afford it you don't need it. And if your woman balks at a pre-nup that is a red flag. Interesting that in New Jersey at least, both sides need a lawyer to represent them in the agreement or there may be difficulties if it does go to court.

    ReplyDelete
    Replies
    1. It's the same in Massachusetts. Both parties need to have their own attorney. A lot of people get mad about that and think that because they did it online that's acceptable.

      Delete
  2. Sounds like a practical one stop shop!

    I think pre-nups are good for olderish people, especially YES for olderish people with kids. But yeah, if one can't afford the attorney fees, they don't need a prenup!

    ReplyDelete
    Replies
    1. It is practical but a little sad when someone hires us for a prenup and then comes back later and gets a divorce. It has happened a few times.

      Delete
  3. I love everything about this post. iMac and I joke about pre-nups but less for money and more because I am drowning in college loan debt that I don't want him to take on if we get divorced (which is funny since we aren't married yet).

    I always tell people, pre-nups only have to do with money you had before coming into the marriage. If you aren't rich before the marriage it doesn't matter. Anything you make during the marriage is still considered to be joint by both parties when you divorce.

    But I will shoot iMac if he tries to steal my library in the divorce!

    ReplyDelete
    Replies
    1. oh hell no, he can't take your library!! That would be crossing a line. You don't mess with books.

      Delete
  4. Pre-nup is for those who acquired a vast wealth long before they get married. And by wealth, it means a significant amount of money and possession and not some collections such as pogs. I know you’re just kidding with the comparison, but I see your point. There are only cases when it makes sense for you to get a prenup such as: when you are much wealthier and earning well than your partner, he or she has loads of debts to pay or you are remarrying. And online pre-nups are definitely a no-no. Haha!

    Warren Daniels @ Pritzke & Davis, LLP

    ReplyDelete
  5. Pogs? Haha! Oh well, it might be true that prenup isn’t for everyone. But under different circumstances, such as a person marrying someone who’s in a lot of debts, I think a prenup might be necessary. It’s not for the lack of trust -- in fact, the purpose of prenup is to seal that trust. Regardless if you are the one who owns a lot in the relationship or not, I think it would be easier for both of you to fully trust each other if all the expectations are laid out right at the beginning.

    Audrey Butler @ The law office of Amy E. Goodblatt, P.A

    ReplyDelete