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Did anyone have a prenup?? Expand / Collapse
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Posted 7/19/2008 10:15:05 PM






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Just wondering how many people out there have signed a prenup?  Fh mom (aka efmil) is insisting that he have one (she's a family law attorney and is so used to seeing messy divorces).  Fh just bought our condo and he is a naval officer so has a good pension his mother wants to protect, she doesnt believe in happily ever after as out of 7kids in her family only her one sister is still married to her original husband.

I undersatnd fh desire to have one but I do know that I will have to hire someone on my side to make sure that my efmil does not completely screw me and kate in the very unlikely (I figure we've lasted 8yrs....) event of a divorce.

What is standard in a prenup?

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Post #438852
Posted 7/19/2008 10:56:01 PM






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I can see her POV (point of view).... in her line of work she likely sees a ton of crap.  It should be a decision that you and your FH make though, not her.  On that note, if you two decide to have a prenup, then I would recomend that you two each get independant coucil and that neither of you have her. Nothing against her, but shes just too involved with you to be looking at it from the most professional viewpoint.  (I hope that makes sense, its been a long day relaxing in my sisters new pool.... :hehe

-Marianne

Post #438862
Posted 7/20/2008 8:24:20 AM


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I agree with MaAD.  If you do get a prenup, FH should NOT have his mother as his lawyer.  Talk about conflict of interest!  She's almost certainly going to want to make sure her son gets everything, whether it's fair or not.  Especially if you two don't get along as it is (which I'm guessing is the case since you call her "efmil"!  lol)

~Sarah and Rob~

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Post #438929
Posted 7/20/2008 9:26:49 AM






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We don't need one. According to Qc law, if we marry without a pre-nup, a marital regime called "partnership of acquests" applies automatically. If we separate, then everything we acquired after the wedding is split 50/50. And we don't own much pre-wedding except a used car that I wouldn't want anyway and a few second-hand pots and pans... So I can't really "take him to the dry-cleaners" if we separate, even if we don't have a contract.

That said, I agree with the others. If you have one, it should be YOUR choice, and your FH's mom should not be involved.

----------------------------------------------------
Roxane & Jérôme
August 2, 2008

Just married!

Post #438948
Posted 7/20/2008 8:55:18 PM






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DH and I don't have a pre-nup per say.  When we purchased our house he had significantly more money to put down then.  We both wanted to have this as we realized that things aren't always rosy.  In event of a split up or divorce I'd like to think we'd both be reasonable but life doesn't always work out this way.  So before the house closed our lawyer made a contract stating that in case we separate (weren't married yet) DH will get the entire downpayment and the profits from the sale will be split 50/50.  The only reason I'm saying it's not pre-nup is because if it was we'd both need to have our own attorneys which we didn't.  It was just drawn up by our real estate lawyer.

***June 21st, 2008 best day ever***
Post #439456
Posted 7/21/2008 12:51:24 PM






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I agree that if you get one your MIL should not be involved.  I was in the same kind of situation before we got engaged.  My FSIL is a lawyer and FH used her for whatever he needed including when we bought a house.  I wasn't comfortable with this because she doesn't need to know any of MY financial info.  She's the one that suggested we do a cohabitation agreement but I said right there that it would have to be with a different lawyer.  She seemed OK with that.  Talk about not being objective.  When we make our wills,  it will be with a different lawyer and law firm totally.
Post #439950
Posted 7/21/2008 2:11:06 PM






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Funny that I saw this thread, I had literally JUST hung up the phone from making our Lawyer apt for the pre nup.

I DEF think you need your own lawyer to represent you... your EFMIL should understand that.. and if she doesnt TOO bad, that means she is trying to screw you over!

Prenups are touchy and frankly if it were up to just me we wouldnt be getting one, but FH wants to make sure the money he put into the downpayment of our house would go to him if we ever split,, which is fair because I wasnt even in the picture then... he isnt asking for anything unreasonable. so I am agreeing.

But I can see how it is insulting and feels like you are planning the end before you even get married!

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