Thursday, April 08, 2004

Bonecrker #100 - The Problem with Pre-Nups

The problem with a pre-nup is the stupid divorce court is out of control. They can and regularly do, ignore them. In the case of your house, even if it comes into the marriage as an asset that belongs to you (so, it should only be yours afterward) it serves as the residence for your wife and any children you have. The court can and will say that, since the wife and kids would end up on the street if you took the house, the asset is actually co-mingled. The same way that if you had a million dollars going into the marriage and were foolish enough to put it into your joint savings account, at divorce, the asset would become co-mingled and community property. You can have a contract (pre-nup) that says otherwise, but the court will just ignore it. What are you going to do about it? Plus, your stupid wife will do everything in her power to avoid signing the pre-nup, including dumping you. What’s the point?

The best asset protection policy is the one that she doesn’t know about (relying on financial privacy for protection) and that takes disputes outside of the rogue divorce court.

Hiring a divorce attorney before you get married to discuss all the nasty things that can happen during a divorce is a solid investment in your future. As is hiring a specialist in this type of protection to counsel you on what actually works and what doesn’t.

However, my own opinion is…..simply refuse to get married.

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Bonecrcker #99 – Living Together is a Scam

Bonecrcker #101 – Why You Must Never Give a Woman Any Money