Bfl
Nothing in your post indicates a need for a pre nup at all.
Marriage is a contract. The contract must be agreed to by both parties. If a prenup is required by one of the parties it is up to the other party to agree or disagree. Beyond that, it doesn’t really matter what third parties may feel.
If he owns anything bigger than a car, GET THE PRENUP.
Chicks get vindictive as hell when they get mad, best to have
an effective shield against them trying to destroy your life
and profit in the process.
Pre-nup to cover what? Neither sound like they have a whole lot. If he’s just wanting to keep his income earned during the marriage as his alone, rather than theirs ... there’d need to be a damn good reason.
Ultimately, pre-nups are contrary to the actual purpose of getting married. The point is for two to become one ... not for two to stay two. There are limited cases where it might be worth looking into. This doesn’t sound like one of them.
SnakeDoc
...and not a lot of money. Why even bother with a prenuptial agreement?
Look, I don't like them in the first place, and the only reason to have one, in my opinion, is if one side is coming in with a LOT of money, and is worried about being taken advantage of.
If one person is walking in with a lot more fiscal worth than the other they’re absolutely necessary. Outside of that not really, unless the couple really wants to codify “if you do this (whatever “this” might be) to me you get nothing in the divorce”.
My $0.02,
If he feels he needs a prenup- then he shouldn’t get married. The only time I could see it being appropriate is if you have someone marrying into “family” money and the prenup is to protect the heirs. Based on your brief summary both of them have few assets at this point- so that any wealth created would be during the marriage and it may not stand up in a community property state ( but i’m no lawyer).
I understand the concern given todays climate of “no fault” divorce- but I wouldn’t feel comfortable asking for a prenup given their situation.
In general, a pre-nup is to protect the assets of a wealthy betrothed. For example, if a wealthy groom was marrying a woman with a reputation for divorce settlements, a pre-nup clarifies the extent which she is entitled to if they divorce.
Similarly, a wealthy woman, or one who stands to inherit money from wealthy parents, might use a pre-nup against the groom to protect her assets.
Unless one of these two comes from money or expects to have money soon, I would think a pre-nup would be unnecessary. In addition, there is risk of causing marital discord because it implies one party or the other is already thinking of divorce before the marriage even begins.
I think they are often not needed, but sometimes they are when it is a second marriage and both have kids or somesuch.
I’ve seen many a situation where husband has kids, marries lady, they have mutual kids, mom leaves everything to “her” kids and the children of the father and the first wife are screwed.
Similarly, when someone is in a business with partners, I’ve had the wives of my partners disclaim interest in the company so they don’t end up my partner if something happened. Etc.
I agree with Dave Ramsey’s take on prenups. Unless there’s a subsantial amount of money at stake in the range of $2 million or more, a prenup shouldn’t be considered. If your nephew is seriously pondering a prenup, then he may want to re-consider why he’s getting married in the first place.
There you go. My pre-nup is "murder before divorce." That nullifies any others.
BTW, other than a half brother saying get one, can your nephew put three words together describing why he wants one and what it will accomplish? I’ll guarantee you one thing, when his sweetheart of 9 years figures it out, it will have ticked her off....
The very existence of a prenup casts doubt on how well a marriage will turn out.
If one believes that marriage is a sacrament and dissolvable only by death, then a prenup is a contradiction.
I have a First Cousin whose Son got married a few years ago.
For some reason his wife insisted on a prenuptial agreement. She was not wealthy and I can only guess did not know how wealthy her future husband was. I can believe she didn’t know because his Father lives in a middle class working neighborhood.
Although they have always had plenty of money I think having to pay taxes on thousands of acres of land in Florida probably took a lot of it. Still he is worth many millions.
Well the kid is a lawyer and is doing OK. They got divorced and she got nothing except what she brought to the marriage. Her insisting on a prenup was really stupid.
The question is the commitment to marriage. If they expect to get divorced or believe that the other person lacks commitment, then they should not marry.
If they made it through that they've proven they can take financial stress. I'd say no to a pre-nup.