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Message
Premarriage Advice(asset protection)
Posted on 12/28/16 at 11:48 pm
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?
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 on 12/28/16 at 11:50 pm to partywiththelombardi
Why don't you get that "yes" first, hot shot? Then worry about pre nups and whatnot.
Posted on 12/28/16 at 11:50 pm to partywiththelombardi
This is where I parked my car! #popcorn
Posted on 12/28/16 at 11:51 pm to partywiththelombardi
1. LA is a community property state so you have to add special language to any prenup
2. Hire a lawyer
2. Hire a lawyer
Posted on 12/28/16 at 11:52 pm to partywiththelombardi
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
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 on 12/28/16 at 11:52 pm to partywiththelombardi
quote:
My SO unlike myself has very valuable assets that will be passed to her through inheritance.
What are we talking here?
Posted on 12/28/16 at 11:56 pm to SEClint
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.
but at least 4 residential properties and a restaurant including the property it resides on.
Posted on 12/28/16 at 11:57 pm to partywiththelombardi
Whew this sounds confusing.
Good thing me and the fiancé are poors.
For now
Good thing me and the fiancé are poors.
For now
Posted on 12/28/16 at 11:58 pm to partywiththelombardi
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.
5 years in talking prenup
Honestly don't get married.
Posted on 12/28/16 at 11:59 pm to ehidal1
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 on 12/29/16 at 12:04 am to partywiththelombardi
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 on 12/29/16 at 12:04 am to partywiththelombardi
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.
My uncle who has oil wells on his property learned that the hard way.
Posted on 12/29/16 at 12:06 am to partywiththelombardi
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.
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 on 12/29/16 at 12:07 am to SEClint
quote:
My uncle who has oil wells on his property learned that the hard way.
Ouch
Posted on 12/29/16 at 12:08 am to partywiththelombardi
I'm not a lawyer but IIRC inheritances are separate property in Louisiana.
Posted on 12/29/16 at 12:09 am to thelawnwranglers
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 on 12/29/16 at 12:13 am to partywiththelombardi
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.
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 on 12/29/16 at 12:18 am to Bags of Milk
Personally, from the way OP described things..after asking for marriage, I'd see if she brought it up first.
Posted on 12/29/16 at 12:18 am to partywiththelombardi
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 on 12/29/16 at 12:22 am to partywiththelombardi
quote:
I dont understand this mentality
I am just being a douche. Why marriage now?
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