Started By
Message

Premarriage Advice(asset protection)

Posted on 12/28/16 at 11:48 pm
Posted by partywiththelombardi
Member since May 2012
11583 posts
Posted on 12/28/16 at 11:48 pm
I plan on asking my GF to marry me...we have been dating for 5 years and I expect an easy yes after humiliating myself in a yet to be determined probably public setting.

My SO unlike myself has very valuable assets that will be passed to her through inheritance. I do not want these assets. Her family has worked very hard to provide them.

However based on that line of thinking(taking something you did not work for) I know of many men who have been raped through divorce proceedings and I do not plan to join their ranks in case of unforeseen reasons down the road that result in the marriage failing.

She has not asked for a prenup but I am not opposed to offering her one. I am sure she would be very open to signing it in order to protect those assets. I would want to use this rare opportunity to add provisions and clauses to the prenup to make it more fair/balanced for both parties. In exchange for her assets' security I would want some form of a marital asset waiver.

I do not plan to profit off her through marriage as long as she does not plan to profit off me through divorce. Post Marriage my wages should never be her wages, and my assets if acquired solely from my funds should never be our assets.(no joint bank accounts or investments)

I am not really familiar with marital law...Would it be wise or even possible to draw a line in the sand and separate all current and future assets before marriage if your partner has more to lose from not doing so?

If you were in my position or if you have already been in my position...what would you do in my place and am I missing something else that should be considered before potentially forfeiting all my bargaining power at the alter?
Posted by lsuwontonwrap
Member since Aug 2012
34147 posts
Posted on 12/28/16 at 11:50 pm to
Why don't you get that "yes" first, hot shot? Then worry about pre nups and whatnot.
Posted by MotorBoater
Hammond
Member since Sep 2010
1677 posts
Posted on 12/28/16 at 11:50 pm to
This is where I parked my car! #popcorn
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
141632 posts
Posted on 12/28/16 at 11:51 pm to
1. LA is a community property state so you have to add special language to any prenup

2. Hire a lawyer
Posted by ehidal1
Chief Boot Knocka
Member since Dec 2007
37133 posts
Posted on 12/28/16 at 11:52 pm to
I wouldn't bring it up, but if things don't work out, just offer her to keep all of her stuff after the divorce. Talking about this to most women will offend them and it comes across very negative.

Thinking this way doesn't make you sound confident that it will work out, but it's always smart to plan.

Talk to an attorney but I wouldn't tell her about it
This post was edited on 12/28/16 at 11:54 pm
Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
48769 posts
Posted on 12/28/16 at 11:52 pm to
quote:

My SO unlike myself has very valuable assets that will be passed to her through inheritance.

What are we talking here?
Posted by partywiththelombardi
Member since May 2012
11583 posts
Posted on 12/28/16 at 11:56 pm to
I do not know if I am "in" on everything

but at least 4 residential properties and a restaurant including the property it resides on.

Posted by jcaz
Laffy
Member since Aug 2014
15536 posts
Posted on 12/28/16 at 11:57 pm to
Whew this sounds confusing.
Good thing me and the fiancé are poors.
For now
Posted by thelawnwranglers
Member since Sep 2007
38738 posts
Posted on 12/28/16 at 11:58 pm to
Talk to lawyer have him draw up what you want. Plead ignorance she will need a lawyer. He will explain go from there.


5 years in talking prenup

Honestly don't get married.
Posted by partywiththelombardi
Member since May 2012
11583 posts
Posted on 12/28/16 at 11:59 pm to
quote:

Talk to an attorney but I wouldn't tell her about it


this is where I was leaning I just wanted to make sure I had every base covered.

Posted by TigahJay
New Orleans
Member since Sep 2015
10546 posts
Posted on 12/29/16 at 12:04 am to
Maybe I should make a spinoff thread for this tomorrow, but for those of you with prenups, how did the wife initially react to the proposal? Was she pissed at first? Did she need some convincing?
Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
48769 posts
Posted on 12/29/16 at 12:04 am to
never get caught up in infidelity. Or admit to it in court, or allow it to be proven.

My uncle who has oil wells on his property learned that the hard way.
Posted by Twenty 49
Shreveport
Member since Jun 2014
18726 posts
Posted on 12/29/16 at 12:06 am to
You'll have to go to a lawyer eventually to draw it up, so go ahead and do that now and get advice instead of asking strangers.

It's better to describe the situation to the lawyer and ask advice on how to achieve your goals than to go in and tell them what to do. You may have overlooked something.

It would be like going to a doctor and telling him where to make an incision and what drug to prescribe, as opposed to describing your symptoms and letting the doc explore the best treatment.
Posted by thelawnwranglers
Member since Sep 2007
38738 posts
Posted on 12/29/16 at 12:07 am to
quote:

My uncle who has oil wells on his property learned that the hard way.



Ouch
Posted by Jim Rockford
Member since May 2011
98129 posts
Posted on 12/29/16 at 12:08 am to
I'm not a lawyer but IIRC inheritances are separate property in Louisiana.
Posted by partywiththelombardi
Member since May 2012
11583 posts
Posted on 12/29/16 at 12:09 am to
quote:

5 years in talking prenup

Honestly don't get married


I dont understand this mentality. Do you have full coverage on your car?

Just because you have a fail safe in case everything goes wrong doesnt mean you are already looking for an exit.

You are IMO just being realistic and accounting for years in advance that you have not lived. How many marriages end in divorce? How many men who have been divorced are very bitter about how everything played out?
Posted by Bags of Milk
The Sunny Beaches of Canada
Member since Feb 2013
3322 posts
Posted on 12/29/16 at 12:13 am to
My thoughts - don't give up your biggest bargaining chip beforehand.

If she has significantly more assets, then let it be. If things fall apart then you can try to bargain not touching her assets for a fair deal.

Depending on how you set up the prenup up and how long the marriage lasts/circumstances of the divorce, a competent (ie the lawyer she would have the funds to hire) probably can make a prenup fairly ineffective.


Also do not bring this up with her or her family, women will get right pissed about this even if you think she has a good head on her shoulders. Women do not think the same way men do.
Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
48769 posts
Posted on 12/29/16 at 12:18 am to
Personally, from the way OP described things..after asking for marriage, I'd see if she brought it up first.
Posted by Eightballjacket
Member since Jan 2016
7311 posts
Posted on 12/29/16 at 12:18 am to
I wouldn't say a damn thing. You aren't going to appear like you're looking out for her interests when you tell her that "in exchange for her assets' security I would want some form of a marital asset waiver." That's going to raise all kinds of red flags. Unless you think you're going to be bringing in mega bucks in income in the future, tread carefully with this. You may be better off in doing nothing and enjoying the fruits of what she brings to the table.
Posted by thelawnwranglers
Member since Sep 2007
38738 posts
Posted on 12/29/16 at 12:22 am to
quote:

I dont understand this mentality


I am just being a douche. Why marriage now?
Page 1 2 3 4 5 6
Jump to page
first pageprev pagePage 1 of 6Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram