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Should it be compulsory for couples to sign a prenuptial agreement before marriage?

Results so far:

No
72% 913 votes Total: 1273 votes
Yes
28% 360 votes

No

by Effie Moore Salem

Created on: June 20, 2007   Last Updated: September 15, 2010

Is marriage real or is it just playing house? Prenuptial agreements are detrimental to marriage. If you are that uncertain of your commitment to the one you propose to love until death do us part, then don't marry. Hold on to your precious assets until you find someone who you willingly will allow to share your fortune.

The law, however, could be more strictly enforced. If it can be proved that a supposedly legitimate marriage resulted in one of the two squandering money belonging to the other, then the law would have the right to stop it. But, no, it should not be compulsory.

In life there are no guarantees. But to take this most important step of a lifetime and downgrade it to a mere business deal, tarnishes marriage. I would suggest that the two work out their financial differences between themselves before marriage, and even have separate accounts if both work, but to sign an agreement shows a lack of trust. This too, this no signing of agreements will be a deterrent to too many hasty unions. To tangle up this 'knot that binds' with loopholes, is surely to have some unraveling effect to the whole affair.

At a later date I am reviewing what I have written and while I have not down a complete turn around where marriage is concerned, I do believe I was a bit hasty in my prior judgment. The best intentions can offer go sour when day by day trials and tribulations bring on more than some poor fold can handle. While ideally, the two getting married should be so much in love and so much a part of each other that it would be unthinkable to even think of such a thing as a nuptial agreement, times and age changes the picture dramatically at times.

The two love birds that had few material assets other than each other work and build their wealth together and both share equally and both live long lives and have several children that reap the reward for their togetherness and their good examples. These two are exemplary. They are unapproachable and they are the norm. They are rare.

What most often happens is something like this: The two are of unequal capabilities and each have different emotional inheritances and somewhere down the line one is growing in esteem and in wealth, while the other is floundering. Still, supposedly they married for better or worse. They agreed to that, but this is the worst. Most don't last. Yet a court of law divides thing equally and this is as it should be. It is a fair solution.

And this other kind of marriages that are more problematic. One is older and is rich and the other is young and poor and is not looking for love but for money; the older and richer is looking for love in all the wrong places. If two foolish people like this want to get married let them sign whatever they want to sign. If they both get what they want and they are open about it to the other and are not calling it what it is not, then who really cares? Let them sign a prenuptial if they so desire. Calling it a marriage is not really going to make it one, however.

Learn more about this author, Effie Moore Salem.
Click here to send this author comments or questions.

Yes

by Marisa Wright

Created on: June 15, 2007

Signing a prenup before you get married is like putting on your seat belt before you drive off in the car. You have no intention of ever having a crash, but you're taking sensible precautions just in case. And we all know that no matter how good a car you have or how careful a driver you are, you can't predict your chances of a crash with any certainty. Things can still go wrong.

Marriage is just the same, and the incidence of "crashes" is actually quite high. If you do "crash", the cost of tidying up the mess (in the divorce courts) can be huge, the stress is horrible, and the bitterness can last a lifetime. Compulsory prenups would free up a massive amount of time in our courts, and save the enormous amount of money spent on legal advice and therapy for stress. The only people who would be unhappy would be the lawyers and the psychiatrists who would lose business!

Unfortunate ly, prenups have gained a bad reputation. They're associated with celebs who are clearly trying to protect their vast wealth from the lesser mortal they've decided to marry. Whether they're reasonable or not, they're universally presented in the media as mean and unfair. So if one partner suggests a prenup, that baggage comes with it - and the other party will bristle at the very suggestion.

In any case, when two people are madly in love, the very idea that such a wonderful romance could go wrong is unthinkable - so getting into the thorny territory of a prenup seems like a waste of time (the exception is those who have been through it before, and ended up in a messy divorce!). So chances are, if it's left up to the individual, the vast majority of people won't broach the subject. Prenups will remain the domain of the very wealthy, or the once-bitten-twice-sh y.

However, if a prenup was compulsory, then all that worry about hidden agendas goes away - it just becomes part of the legal formalities.

Of course, the thing that causes friction in preparing a prenup is agreeing what is a fair split. If the two parties come into the relationship with unequal wealth, that can become a touchy issue. To avoid all that, if prenups became compulsory, the authorities would need to draw up a standard prenup.

It should start with a section where each person would declare their assets and liabilities, plus their income. Then a paragraph stating that if the marriage dissolves without children, the two parties would be entitled to reclaim what they brought into the marriage, plus EITHER an equal share of any additional assets they acquire during their relationship OR a proportional share based on their respective incomes over that time. The couple would have to choose one or other option.

There would have to be further sections on how things should be split if there are children involved. This is more complex, and could vary depending on what legislation is in place in that legislature. However, it should be possible to achieve.

Learn more about this author, Marisa Wright.
Click here to send this author comments or questions.


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