4 ms·
>"protect himself and his work" From what? The other spouse or the legal system? Most would assume it is protection from the other spouse. To verify, one could
by king07828 9y ago
>"protect himself and his work"
From what? The other spouse or the legal system? Most would assume it is protection from the other spouse. To verify, one could offer to sign a prenup that splits everything 50/50, i.e., that codifies what would happen under community property law. This provides the benefit of clarifying how a separation would occur to protect the spouses and their work from the legal system.
If protection from the legal system is sought, then the 50/50 prenup should be agreeable.
If protection from the other spouse is sought, then what is the first spouse (the one demanding the prenup) going to give up in order to gain that protection?
If the first spouse is demanding a one-sided prenup that only benefits the first spouse, then it can be argued that the first spouse has broken a marriage vow by seeking to enrich his or her self at the expense of the other. [1]
[1] None of this is legal advice and should not be used as such.
- gspetr 9y agoPre-nups can get thrown out of courts if a court decides it was signed under "duress". E.g. less than 6 months before the marriage.